Himachal Pradesh High Court

CMPMO/619/2026 on 15 October 2026

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.619 of 2026 Date of Decision: 15.10.2026 _______________________________________________________ Vishwanath (since deceased) through LRs …….Petitioners

Versus Diwakar Chand & Ors.

… Respondents _______________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1

For the Petitioners: Mr. Rahul Mahajan, Advocate.

For the Respondents: Nemo.

_______________________________________________________ Sandeep Sharma, Judge(oral):

Being aggrieved and dissatisfied with order dated 07.03.2026, passed by the learned Senior Civil Judge, Dehra, Teshil Dehra, District Kangra, Himachal Pradesh, whereby evidence of the petitioners-plaintiffs has been closed, petitioners-plaintiffs have approached this Court in the instant proceedings, praying therein to set aside aforesaid order and grant one opportunity to lead the evidence.

2. Having heard learned counsel for the parties and perused the material available on record vis-à-vis reasoning assigned in the order impugned in the instant proceedings, this Court finds no illegality or infirmity in the impugned order. Since it is quite apparent from the impugned order dated 07.03.2026, passed by the court 1Whether the reporters of the local papers may be allowed to see the judgment? High Court of H.P. ::: Downloaded on - 28/10/2026 17:03:37 :::CIS

2

below that repeatedly, opportunities came to be granted to the petitioners-plaintiffs to lead evidence, no illegality otherwise can be said to have been committed by the learned Court below, while passing impugned order, however, by way of indulgence and as a last opportunity, this court deems it fit to grant one opportunity to the petitioners/plaintiffs to lead the evidence subject to payment of cost of Rs. 10,000/- to the respondent/defendant. Ordered accordingly.

3. Consequently, in view of the above, present petition is allowed and order dated 07.03.2026, in as much as defence of the petitioners-plaintiffs to lead the evidence was closed, is quashed and set-aside with direction to the petitioners-plaintiffs to remain present before the court below on 02.11.2026, enabling it to fix a date for issuance of notices and recording evidence, failing which order dated 07.03.2026, shall automatically revive and no more opportunity would be granted to the petitioner. It is made clear that petitioner shall only be permitted to lead the evidence on the date to be fixed by the court below subject to production of receipt qua the payment of cost in favour of the respondent/defendant.

In the aforesaid terms, present petition is disposed of along with pending applications, if any.

(Sandeep Sharma),

Judge October 15, 2026 (sunil)

High Court of H.P. ::: Downloaded on - 28/10/2026 17:03:37 :::CIS

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