Allowed

Asha v. Indira Verma and Ors.

Himachal Pradesh HC14 Jun 2022CMPMO/70/2022

Case brief

AI extract

What is this about?

The High Court allowed the petition under Article 226 to set aside an order closing evidence in a civil suit. It directed the petitioner to produce two witnesses for cross-examination upon payment of costs, granting an opportunity to ensure justice was done despite prior rejections.

What did the court decide?

Order dated 22.12.2021 setting aside evidence closure set aside. Direction to produce two witnesses for cross-examination subject to payment of costs of Rs.1000/- by petitioner.

Asha Vs Indira Verma and Ors. — Civil Procedure and Limitation | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON The 14^th DAY OF JUNE, 2022

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BEFORE

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HON’BLE MR. JUSTICE AJAY MOHAN GOEL CIVIL MISC. PETITION MAIN (ORIGINAL) No. 70 of 2022

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Between:-

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SMT. ASHA, WIDOW OF LATE RURA RAM, R/O ASHA NIWAS, NEAR DEGREE COLLEGE GATE, RAJGARH ROAD, SOLAN CITY, TEHSIL AND DISTRICT SOLAN, (H.P.), AGED ABOUT 61 YEARS, OCCUPATION HOUSE LADY.

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...PETITIONER

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(BY SHRI VIPIN PANDIT, ADVOCATE)

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AND

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1. INDIRA VERMA, WIDOW OF LATE NARESH VERMA

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2. VIJENDER VERMA, SON OF LATE NARESH VERMA

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BOTH RESIDENTS OF V.P.O. DEOTHI, TEHSIL AND DISTRICT SOLAN, H.P.

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3. SMT. SANJOGITA, DAUGHTER OF LATE NARESH VERMA, RESIDENT OF NEAR RANITAL, NAHAN CITY, TEHSIL NAHAN, DISTRICT SIRMAUR, H.P.

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...RESPONDENTS

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(BY SHRI SUDHIR THAKUR, SENIOR ADVOCATE, WITH SHRI KARUN NEGI, ADVOCATE)

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Whether approved for reporting?

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__________________________________________________________ This petition coming on for orders this day, the Court passed the

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following:-

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O R D E R

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By way of this petition filed under Article 227 of the

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Constitution of India, the petitioner/plaintiff has challenged order, dated 22.12.2021, passed by the Court of learned Civil Judge, Court No. 1, Solan, H.P. in Civil Suit No. 142/1 of 2016, titled as Smt. Asha Vs. Indira Verma and others , vide which, right of the petitioner/plaintiff to lead evidence has been closed.

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2. I have heard Mr. Pandit, learned counsel for the petitioner/plaintiff as well as Mr. Sudhir Thakur, learned Senior Counsel appearing for the respondents/defendants.

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3. In this case, the issues were framed by the learned Trial Court in the suit on 26.11.2018 and thereafter, the case was ordered to be listed for recording the statements of plaintiff’s witnesses. To cut the controversy short, the stage at which the impugned order was passed, was where affidavits of two plaintiff’s witnesses stood filed before the learned Trial Court and their crossexamination was to take place. A perusal of the impugned order demonstrates that on the said date, an application was filed by the petitioner/plaintiff for deferring the case for the purpose of cross-

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examination of plaintiff’s witnesses on account of ill health of the plaintiff, but the same was rejected by the learned Trial Court, in view of the previous order passed by it. This Court is of the considered view that taking into consideration the peculiar facts of the case, as are borne out from the Zimini orders, which stand appended by the petitioner/plaintiff with this petition, it will be harsh upon the petitioner/plaintiff in case the impugned order is allowed to sustain. To the contrary, it will be in the interest of justice in case the said order is set aside by granting one opportunity to the plaintiff to produce her two witnesses in the Court for the purpose of crossexamination by the defendants, so that justice is done to all the parties.

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4. There is no serious opposition to the said observation of the Court. Accordingly, this petition is disposed of by setting aside order dated 22.12.2021, passed by the Court of learned Civil Judge, Court No. 1, Solan, H.P. in Civil Suit No. 142/1 of 2016, titled as Smt. Asha Vs. Indira Verma and others, but with the direction that on a date to be fixed by the learned Trial Court, two witnesses whose affidavits already stand filed by the plaintiff, shall be produced before the Court by the plaintiff on her own responsibility for the purpose of cross-examination, subject to payment of costs of Rs.1000/- by the

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plaintiff to the defendants and in case for any reason whatsoever, the witnesses are not produced in the Court, then this order will lose its efficacy.

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5. Parties through learned counsel are directed to appear before the learned Trial Court on 21^st June, 2022, on which date, learned Trial Court shall fix a date for cross-examination of two

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witnesses of the plaintiff by the defendants. Miscellaneous applications, if any, also stand disposed of.

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(Ajay Mohan Goel) Judge

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June 14, 2022

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(bhupender)

Asha v. Indira Verma and Ors.

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Asha v. Indira Verma and Ors.

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