Rameshwar Sharma vs Devinder Kumar Chauhan And Others
2023 Latest Caselaw 17393 HP

                                                 1


        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                     CMPMO No. 495 of 2023
                                                     Decided on: 02.11.2023




                                                                           .
    Rameshwar Sharma                                                            ....Petitioner





                   Versus





    Devinder Kumar Chauhan and others                                           ...Respondents
    Coram
    The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
    Whether approved for reporting?1





    For the petitioner :       M/s Vinod Chauhan and Aanchal
                               Singh, Advocates.

    For the respondent:                     M/s Rupinder Singh, Additional Advocate
                       r                    General with M/s. Sumit Sharma & Rohit
                                            Sharma, Deputy Advocate Generals and

                                            Mr. Rajat Chauhan, Law Officer for
                                            respondent No. 2.
    Ajay Mohan Goel, Judge (Oral)

Despite service, none has put in appearance on

behalf of respondent No. 1, accordingly, said respondent is

proceeded against ex parte.

2 By way of this petition filed under Article 227 of the

Constitution of India, the petitioner has challenged order dated

21.08.2023, in terms whereof the right of the petitioner, who is

defendant No. 3 before the learned Court below to lead evidence has

been closed.

3. Learned Counsel for the petitioner has submitted that

though reasonable opportunities have been granted to the petitioner

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

to lead evidence, yet fact of the matter remains that he had already

filed his evidence by way of an affidavit, as is also evident from order

dated 26.04.2023 passed by learned Court below and interest of

.

justice would be served in case the impugned order is recalled and

learned Trial Court be called upon to grant one opportunity to the

parties to cross examine the petitioner.

4. Having heard learned Counsel for the petitioner and

taking into consideration the fact that the petitioner had already

tendered his evidence by way of affidavit and the matter was

thereafter lingered on on account of an application filed by the

contesting respondent No. 1 (plaintiff), seeking transfer of the case,

this petition is disposed of by modifying order dated 21.08.2023 to

the extent that learned Trial Court will give one opportunity to the

parties to cross examine the petitioner, as his affidavit in evidence is

already on record but the petitioner shall not be permitted to lead any

further evidence.

With these observations, the petition stands disposed of,

so also pending miscellaneous application(s), if any.

(Ajay Mohan Goel) Judge November 02, 2023 (narender)