Smt. Chand Thakur vs Sh. Vinod Kumar Mehta & Anr
2023 Latest Caselaw 2014 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.428 of 2019 Date of Decision: 9.03.2023

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Smt. Chand Thakur .......Petitioner Versus

Sh. Vinod Kumar Mehta & Anr. ... Respondents

_______________________________________________________ Coram:

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

For the Petitioner: Mr. Neeraj Gupta, Senior Advocate with Ms. Rinki Kashmiri, Advocate.

For the Respondent: Mr. V.S.Chauhan, Senior Advocate with Mr. Ajay Kashyap, Advocate for respondent No.1.

_______________________________________________________ Sandeep Sharma, Judge(oral):

By way of instant petition filed under Article 227 of the

Constitution of India, challenge has been laid to order dated

6.08.2019(Annexure P-8) passed by learned Rent Controller Shimla,

District Shimla, H.P., in Execution petition No.41/10 of 2015, whereby

applications filed under Order 16 Rule 1(3) and Order 7 Rule 14(3)

CPC, praying therein for filing list of witnesses to be examined and to

place on record documents, came to be dismissed.

2. Though, pursuant to the notice issued in terms of order

dated 5.09.2019, Mr. Ajay Singh Kashyap, Advocate has put in

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

appearance on behalf of respondent No.1, but despite there being

best efforts put in by the petitioner, respondent No.2 could not be

served. Notice issued to respondent No.2 in terms of order dated

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9.01.2023 for today's date is still awaited. At this stage, learned

counsel representing respondent No.1 states that since respondent

No.2 is husband of the petitioner, he is purposely avoiding the

service, as a result of which, matter is being delayed unnecessarily.

He states that this Court may allow the prayer made in the instant

petition and grant one opportunity to the objector/petitioner to lead

evidence and documents annexed with the application may be taken

on record alongwith list of witnesses.

3. Having heard learned counsel for the parties and perused

the material available on record vis-à-vis reasoning assigned in the

impugned order, though this court finds no illegality and infirmity in the

same, but since DH/respondent No.1 himself has given concession as

recorded hereinabove, this Court at this stage without recording any

finding on merits, deems it fit to dispose of the present petition in

aforesaid terms. Since on account of concession given by respondent

No.1 no prejudice, if any, shall be caused to respondent No.2, who is

yet to be served, no prejudice, if any, shall be caused to either of the

parties, if one opportunity is given to the objector-petitioner to lead

evidence.

4. Consequently, in view of the above, the present petition

is allowed and impugned order dated 6.08.2019 (Annexure P-8) is

quashed and set-aside inasmuch as evidence of the petitioner has

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been closed and her prayer to place on record certain documents has

been denied. Applications bearing Nos. 35-6 of 2017 and 34-6 of

2017 filed under Order 16 Rule 1(3) and under Order 7 Rule 14(3)

CPC, are allowed and documents alongwith list of witnesses intended

to be placed on record are ordered to be taken on record. Learned

counsel for the petitioner undertakes to cause presence of the

petitioner before the Court below on 22.03.203, enabling it to fix the

date for examination of witnesses, purposed to be examined by the

objector-petitioner, in terms of list of witnesses attached with the

application. In case, petitioner fails to come present on the date fixed

by this Court, instant order shall come to an end and order dated

6.08.2019 shall revive automatically. Needless to say, Court below

while doing needful in terms of instant order would give reasonable

time to the petitioner to summon official witnesses but only one

opportunity shall be granted to the petitioner to take steps for

summoning the official witnesses or other wintesses. Pending

applications, if any, also stand disposed of.

(Sandeep Sharma), Judge March 09,2023

(shankar)

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