Rajesh Chimra Vs Chander Pal — Himachal Pradesh HC (2026) — LawSathi Research

Rajesh Chimra Vs Chander Pal — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application (OMP No. 342/2026) stands disposed of: order dated 12.03.2026 recalled subject to costs of Rs. 50,000/- shared in equal proportion between defendants No. 1(a) to 1(c), 2 & 5 and defendants No. 8 to 10; plaintiffs permitted to place revenue documents on record under Order 7 Rule 14 r/w Section 151 CPC and to produce their entire evidence on a date to be fixed by the Additional Registrar (Judicial), failing which the suit is to be dismissed for want of prosecution with no further opportunity; documents filed on 13.05.2026 to be traced and placed on record by the Registry if in order; reply, if any, invited; suit listed for 21.05.2026.

Issue for consideration

Whether the order dated 12.03.2026 should be recalled so that the applicants/plaintiffs may place revenue documents on record under Order 7 Rule 14 read with Section 151 CPC and lead their evidence. +1 more

Court's answer

The court found that there was no justification for giving the plaintiffs a further opportunity for the purpose of leading their evidence and that there was no ground for recalling the order dated 12.03.2026.

Ratio / Principle

Nevertheless, on the persuasive request made by learned counsel for the plaintiffs and in the interest of justice, the order dated 12.03.2026 was recalled, subject to costs of Rs. 50,000/- (Rupees fifty thousands), which were to be shared in equal proportion between defendants No. 1(a) to 1(c), 2 & 5 and defendants No. 8 to 10, respectively.

Key takeaways

Learned counsel for the plaintiffs undertook that the entire evidence shall be produced by the plaintiffs on their own responsibility on the date to be fixed by the Additional Registrar (Judicial).ratio¶11
It was made clear that if the plaintiffs fail to produce their evidence on the date to be fixed before the Additional Registrar (Judicial), the suit will be dismissed for want of prosecution and no further opportunity shall be granted to them in this respect.ratio¶12

Detailed headnote1 paragraphs

Civil Suit No. 06/2015, Nivedita Sood v. Maya Kirti & Ors. — order dated 13.05.2026 of Sushil Kukreja, Judge. The applicants'/plaintiffs' application (OMP No. 342/2026) under Section 151 CPC, supported by the affidavit of applicant Manu Sood, sought recall of the order dated 12.03.2026 so that revenue documents could be placed on record under Order 7 Rule 14 read with Section 151 CPC and the plaintiffs' evidence led the same day; although the application asserted the plaintiffs' evidence was present, only two witnesses (Manoj Sood and Pradeep Sood) were actually present. The court found no justification for a further opportunity and no ground for recalling the order, yet on the persuasive request of the plaintiffs' counsel and in the interest of justice it recalled the order dated 12.03.2026, subject to costs of Rs. 50,000/- (Rupees fifty thousands) shared in equal proportion between defendants No. 1(a) to 1(c), 2 & 5 and defendants No. 8 to 10. Counsel for the plaintiffs undertook to produce the entire evidence on the date to be fixed by the Additional Registrar (Judicial), failing which the suit is to be dismissed for want of prosecution with no further opportunity. The application stands disposed of. Separately, in the suit, the Registry was directed to trace and place on record the documents filed that day under Order 7 Rule 14 r/w Section 151 CPC if in order; reply, if any, was invited; and the matter was listed for 21.05.2026.

Nivedita Sood Vs. Maya Kirti & Ors. Civil Suit No. 06/2015

13.05.2026 Present:

Mr. Ajay Vaidya, Advocate, for the plaintiffs. Mr. Sumit Sood, Advocate, for defendants No. 1(a) to 1(c), 2 & 5.

Mr. Ashok Sood, Senior Advocate with Mr. Rajat Rana, Advocate, for defendants No. 8 to 10.

OMP No. 342/2026

The present application under Section 151

CPC has been filed by the applicants/plaintiffs for recalling of order dated 12.03.2026, on the ground that the applicants/plaintiffs has filed an application under Order 7, Rule 14, read with Section 151 CPC for placing on record the revenue documents which are necessary for the just and proper adjudication of the present case. It has further been mentioned in the application that evidence of the plaintiffs is present today and they cannot lead evidence without placing those documents on record. The application is duly supported by an affidavit of applicant Manu Sood.

Heard. it has been specifically mentioned in the application that the plaintiffs’ evidence is present today, but only two witnesses namely Manoj Sood and Pradeep Sood are present today. Although, there is no justification for giving further opportunity to the plaintiffs for

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the purpose of leading their evidence and also there is no ground for recalling order dated 12.03.2026, however, on the persuasive request made by learned counsel for the plaintiffs and also in the interest of justice, order dated 12.03.2026 is recalled, subject to costs of Rs. 50,000/(Rupees fifty thousands), which shall be shared in equal proportion between defendants No. 1(a) to 1(c), 2 & 5 and defendants No. 8 to 10, respectively.

It has also been undertaken by learned counsel for the plaintiffs that entire evidence shall be produced by the plaintiffs on their own responsibility on the date to be fixed by Additional Registrar (Judicial).

It is made clear that if the plaintiffs fail to produce their evidence on the date to be fixed before the Additional Registrar (Judicial), then the suit will be dismissed for want of prosecution and no further opportunity shall be granted to them in this respect.

The application stands disposed of.

Civil Suit No. 06/2015

Learned counsel for the plaintiffs submitted

that he has filed an application under Order 7, Rule 14, read with Section 151 CPC for placing on record

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certain documents in the Registry of this Court today itself.

Registry is directed to trace and place the same on record,

if in order.

As prayed for, list on 21.05.2026 .

In the meantime, reply, if any, to the aforesaid

application, be also filed.

( Sushil Kukreja ) Judge

13^th May, 2026 (raman)