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Himachal Pradesh High Court

Om Prakash vs Jagdev Singh Thakur on 25 May, 2015

Author: Sanjay Karol

Bench: Sanjay Karol

                IN THE HIGH COURT OF HIMACHAL PRADESH
                                SHIMLA

                                                  CMPMO No. 47 of 2015
                                                  Date of Decision: 25.5.2015




                                                                                .
    Om Prakash                                                 ......Petitioner.





                                         Versus





    Jagdev Singh Thakur                                             .....Respondent.

    Coram:
    The Hon'ble Mr. Justice Sanjay Karol, Judge.
    Whether approved for reporting? 1No.




    For the Petitioner : Mr. Ajay Sharma, Advocate.

    For the Respondent: Mr.Kul Bhushan Khajuria, Advocate.


    Sanjay Karol, J (oral)

Petitioner's request for re-examination of PW-3 and DW-1 stands rejected by the court below, primarily on the ground that fresh record was sought to be summoned and proved through them. Learned counsel for the petitioner clarifies that the only record sought to be summoned is in terms of application dated 7th January,2015, on which witnesses are required to be re-examined. Learned counsel further submits that the summoned record, complete in all respect, was not brought by the witnesses, which necessitated filing of the application before the trial court.

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

2. Having heard the learned counsel for the parties, court is of the considered view that in the interest of justice as also parties, one last and final .

opportunity ought to be granted to the petitioner for re-examining the witnesses to prove the record sought to be summoned. As such, impugned order dated 21s t January, 2015 is quashed and set-aside in the following terms:-

1.

2.

r to Trial and hearing is expedited.

Endeavor shall be made to decide the suit within a period of six months.

3. Trial court shall afford last and final opportunity to the petitioner/plaintiff for examining the witnesses sought to be recalled.

4. Parties are directed to appear before the trial court on 15 th June, 2015, when, one date for examination of the witnesses shall be fixed. Dasti notices/summons shall be issued for summoning the record and witnesses.

The petition stands disposed of accordingly, so also pending application(s), if any.

                                                               (Sanjay Karol),
    May 25, 2015                                                 Judge.
              (Shankar)




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