CMPMO/671/2022 of AMARJEET MALHOTRA Vs VINOD KUMAR on 30 December 2022

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.671 of 2022

Date of Decision: 30.12.2022

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____________Amarjeet Malhotra

…….Petitioner

Versus

Vinod Kumar

… Respondents

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

For the Petitioner: Mr. Sanjeev Kuthiala, Senior Advocate with Ms. Garima Kuthiala and Ms .Anaida Kuthiala, Advocates.

For the Respondents: Nemo.

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Sandeep Sharma, Judge(oral):

Being aggrieved and dissatisfied with the order dated 9.11.2022, passed by learned Senior Civil Judge, Court No.1, Amb, District Una, Himachal Pradesh, whereby evidence of the petitioner-defendant has been closed, petitioner-defendant has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to quash and set-aside aforesaid order dated 9.11.2022 and grant him one last opportunity to lead his evidence.

1Whether the reporters of the local papers may be allowed to see the judgment?

2. Having regard to the nature of the order proposed to be passed in the instant proceedings, this Court deems it not necessary to issue notice to the respondent because it would not only cause inconvenience to him, rather he would be unnecessarily burdened to engage counsel to represent him in the instant proceeding.

3. Though, having heard learned counsel representing the petitioner-defendant and perused the material available on record vis-à-vis reasoning assigned in the impugned order dated 9.11.2022, this Court finds no illegality and infirmity in the impugned order, but by way of indulgence and to do complete justice, deems it fit to grant one last opportunity to the petitioner-defendant to lead evidence on the date to be fixed by Court below, subject to payment of costs, amounting to Rs. 2500/- payable to the respondent-plaintiff.

4. Consequently, in view of the above, the present petition is allowed and impugned order dated 9.11.2022 passed by learned Court below inasmuch defence of the petitioner-defendant has been closed, is quashed and set-aside. The petitioner-defendant is directed to cause his presence before the Court below on 20.01.2023,enabling it to do the needful in terms of instant order.

5. Learned court below after having recorded the presence of the petitioner-defendant on the date fixed by this Court may fix one date for recording the statements of petitioner-defendant witness and in case on that date petitioner-defendant fails to cause presence of the witnesses, order dated 9.11.2022 impugned in the instant proceeding shall automatically revive and no more opportunity would be granted to the petitioner-defendant to lead evidence. Aforesaid order is subject to payment of costs, as quantified hereinabove and till the time same is not paid/deposit, petitioner-defendant would not be permitted to lead evidence. Needless to say, witnesses of the petitioner-defendant, if required, be summoned and necessary process shall be issued by the Court on taking steps by the petitioner-defendant, if not already taken.

6. Accordingly, the present petition is disposed of in the aforesaid terms alongwith pending application(s), if any.

30[th] December, 2022 (shankar) (shankar)

(Sandeep Sharma),Judge