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2026 DAILYLAW 6 (HP)

RAM DASS v. SHER SINGH AND OTHERS

/36/2026 · 2026-02-24

Romesh Verma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.36 of 2026 Decided on: 24.02.2026 Ram Dass ….Petitioner Versus Sher Singh & others ...Respondents Coram Hon’ble Mr. Justice Romesh Verma, Judge Whether approved for reporting? For the petitioner: Mr. Vivek Thakur, Advocate. Romesh Verma, Judge (Oral) The present petition arises out of order as passed by learned Senior Civil Judge, Mandi, District Mandi, H.P. on 23rd August, 2025, whereby the learned trial Court has closed the evidence of the applicant for want of non-production and taking steps in the matter. 2. It has been observed in the order that the case was fixed on 17.09.2018 and issues were framed and the case was listed for Aws on 26.10.2018. Thereafter, the matter was posted on 02.01.2019, 14.03.2019, 18.04.2019 and again on 09.01.2020, 01.05.2020 and again on 15.10.2020 for 24.11.2020. Thereafter, again the case was posted on 13.05.2025, 31.05.2025 and then on 09.07.2025. 2 Finally, the case was posed on 23.08.2025, whereby the applicant was directed to take appropriate steps in the matter lest the evidence shall be produced on self responsibility by the applicant. It has further been observed that none of the witnesses was present nor as per report of Civil Ahlmad steps were taken by the applicant. 3. Learned Court below has rightly passed the impugned order and I see no infirmity or error in the same. However, in the interest of justice and in the attending facts and circumstances of the case, one last and final opportunity is granted to the applicant to lead his evidence on the date to be fixed by learned trial Court. The same shall be subject to the payment of costs to the tune of Rs.5,000/- to be paid by the applicant to the respondents on a date to be fixed by learned trial Court. However, it is made clear that only one opportunity shall be granted to the applicant, failing which order dated 23rd August, 2025 shall revive. 4. The parties are directed to appear before the learned trial Court on 5th March, 2026, on which date the learned trial Court shall issue notices to both the parties and 3 thereafter give one date to the applicant to lead and conclude his evidence in its entirety. 5. With the aforesaid observations, the petition stands disposed of so also the pending application(s), if any. ( Romesh Verma ) Judge February 24, 2026 (vt)