Himachal Pradesh High Court
Nain Singh vs Himachal Pradesh Civil Supply on 21 July, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.303 of 2017 Date of Decision : 21.7.2017 .
Nain Singh ....Petitioner.
versus
Himachal Pradesh Civil Supply Corporation Ltd.; ...Respondent.
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice. For the Petitioner : Mr. Vivek Sharma, Advocate. For the Respondent : Mr. Arvind Sharma, Advocate.
Sanjay Karol, Acting Chief Justice Without going into the factual aspect, as to which one of the counsel was actually engaged by the petitioner to conduct the proceedings, before different foras, and which one amongst those was actually engaged to conduct the trial in the present lis, and considering the fact that interest of justice cannot be allowed to be defeated, more so when there is confusion, with regard to the counsel, who was to actually cross-
examine the witness (PW-3), the only best way, the present petition can be disposed of, is by affording ::: Downloaded on - 28/07/2017 23:56:47 :::HCHP ...2...
another opportunity to the petitioner, more so when some of the witnesses already stand cross-examined and the evidence of the plaintiff has yet not concluded.
.
Hence, the petition is disposed of by affording one last opportunity to the petitioner, on the following terms:
(a) Impugned order dated 26.5.2017, passed by learned Civil Judge (Senior Division), Court No.2, Shimla in CMA No.36-6 of 2012 in Civil Suit No.188-I of 15/14, titled as Himachal Pradesh State Civil Supply Corporation Ltd. v. Nain Singh is quashed and set aside.
(b) Parties undertake to appear before the r trial Court on 2.8.2017, when a date for cross-examination of the said witness shall be fixed.
(c) Present petition shall pay costs of `2,500/- to the respondent.
Pending application(s), if any, also stand disposed of.
( Sanjay Karol ) July 21, 2017(sd) Acting Chief Justice ::: Downloaded on - 28/07/2017 23:56:47 :::HCHP