Rajinder Kumar vs Meena Devi
2025 Latest Caselaw 232 HP

Himachal Pradesh High Court

Rajinder Kumar vs Meena Devi on 1 May, 2025

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                             CMPMO No. 88 of 2025
                                             Decided on: 01.05.2025


 Rajinder Kumar                                              ....Petitioner.

                                     Versus

 Meena Devi.
                                                              ...Respondent.

 Coram

 The Hon'ble Mr. Justice Satyen Vaidya, Judge.
 Whether approved for reporting? 1


 For the petitioner          :       Mr. Anuj Gupta, Advocate.

 For the respondents         :       Mr. Gurdev Negi, Advocate.


 Satyen Vaidya, Judge (Oral)

The petitioner herein is the defendant in

Civil Suit No. 163-1 of 2015/2013, pending on the

files of learned Civil Judge, Court No. IV, Shimla.

Petitioner has challenged the order dated 10.12.2024,

passed by learned Trial Court, whereby the evidence

of the defendant has been closed by order of the

Court.

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

Neutral Citation No. ( 2025:HHC:11920 )

2. Perusal of record reveals that the issues

were framed in the suit on 02.07.2015. Plaintiff

closed the evidence on 24.08.2016. Thereafter, the

matter has been listed on number of occasions

affording opportunities to defendant to lead evidence.

Despite seeking repeated adjournments, defendant

failed to produce even a single witness. The

defendant has not even examined himself as his own

witness.

3. Except for period between 19.02.2020 till

27.10.2020, when the proceedings of the case

remained disrupted on account of COVID-19

Pandemic, defendant had been either seeking

adjournment for production of evidence or has been

evading the appearance before learned Trial Court.

Strangely, despite repeated notices issued either to

learned counsel for the defendant or the defendant,

the same remained unserved for considerable long

period.

Neutral Citation No. ( 2025:HHC:11920 )

4. The conduct of defendant is not bonafide.

There is no justification with the defendant to seek

more opportunity to lead evidence.

5. Accordingly, the petition being without any

merit is dismissed.

6. Since, the original suit was filed in the year

2013, learned Trial Court is directed to dispose of the

same on merits on or before 15.06.2025.

7. Let records be sent back forthwith.

8. The petition is, accordingly, disposed of, so

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

                                              (Satyen Vaidya)
1st May, 2025                                     Judge
     (sushma)