RAM GOPAL (deceased) through LRs AND ANOTHER v. STATE OF HP AND OTHERS
CMPMO/293/2026 · 2026-07-28
Virender Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17860 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17860 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:HHC:31251 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO
No. : 293 of 2026 Decided on
: 28.07.2026 Ram Gopal & Another …Petitioners Versus State of H.P. & Others …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioners : Ms. Dhanwanti Devi, Advocate. For the respondents : Mr. H.S. Rawat, Additional Advocate General, for respondents No.1 to 3. Virender Singh, Judge Petitioners, have filed the present petition, under Article 227 of the Constitution of India, against the order dated 17.02.2026, passed by learned Senior Civil Judge, Nalagarh, District Solan (hereinafter referred to as the ‘trial Court’), in Civil Suit No.191/1 of 2017, titled as Ram Gopal & Another versus State of H.P. & Others, whereby, the learned trial Court has closed the evidence of the petitioners.
2.
Order dated 17.02.2026, passed by the learned trial Court, is reproduced, as under: 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:31251
“Neither PW Nikka Ram present for the cross examination nor other PWs present. Time prayed. Considered and disallowed as the case is listed for PWs since 24.03.2020 and despite availing numerous opportunities i.e., 12 in total including opportunity subject to cost and two time exceptional last opportunities, plaintiff has failed to examine even single witness. Such as plaintiff evidence is hereby closed by Court order. List the matter for DWs on 19.02.2026.”
3. As per the petition, on that day, the witnesses could not be produced/examined on account of wrong noting of the date. In order to buttress their contentions, the petitioners have relied upon the evidence of Nikka Ram, Annexure P3 , which was attested on 17.2.2026, by the Notary Public.
4. The learned trial Court has closed the evidence of the petitioners, vide order dated 17.02.2026 and the said order has been assailed by way of the present petition.
5.
Order dated 17.02.2026, reveals that in the present case, the learned trial Court, has afforded number of opportunities to the petitioners to lead evidence, including two times exceptional last opportunities with costs, however, they failed to conclude their evidence.
3 2026:HHC:31251
6. Considering the fact that the petitioners could not produce their witnesses, on account of wrong noting of date, this Court is of the view that despite sufficient opportunities availed by the petitioners/plaintiffs, they are entitled to one more opportunity to lead their entire evidence, so that the matter could be decided, on merits and not on the basis of technicality, i.e., on account of failure of the petitioners to produce their evidence. Even otherwise, the other party can be compensated with cost.
7. Consequently, the present petition is allowed, by granting one opportunity to the petitioners/plaintiffs to examine their entire witnesses, at their own responsibility, subject to cost of Rs.5,000/, to be paid to the respondents.
8. Parties to the lis, through their counsel, are
directed to appear before the learned trial Court, on 11th August, 2026. On that day, the petitioners/plaintiffs will tender cost and thereafter, they will produce the entire evidence on a date to be fixed by the learned trial Court.
9. It is made clear that no assistance, for summoning the witnesses, shall be given to the petitioners/plaintiffs, and
4 2026:HHC:31251 in case, they fail to produce the entire evidence, on a date to be fixed by the learned trial Court, no further opportunity shall be given to them to lead evidence.
10. With these observations, the petition is disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.
( Virender Singh ) July 28, 2026( ps ) Judge