JUDGMENT :

Rajiv Sharma, J.

This petition is directed against the order dated 23.1.2013 passed by the learned Civil Judge (Senior Division), Una in C.S.R.B.T. No. 42/09/05 whereby an application under order 16 rule 10 of the CPC filed by the petitioner has been dismissed. "Key facts" necessary for the adjudication of this petition are that Sh. Vijay Kumar Chopra was directed to be summoned as a witness vide order dated 4.9.2009. The case was fixed for 17.11.2009. The Presiding Officer was on leave on 17.11.2009. The case was listed for 26.2.2010. The summons issued to Vijay Kumar Chopra were received back on 21.4.2010. The case was ordered to be listed for 24.6.2010. The Presiding Officer was on leave on 24.6.2010. The Presiding Officer was again on leave on 28.9.2010. Thereafter, the case was fixed for 26.11.2010 on which fresh summons were ordered to be issued for 14.2.2011. The Presiding Officer was on tour on 14.2.2011. On 16.6.2011, two witnesses were examined. The evidence of the petitioner-plaintiff was closed. He approached this Court by way of CMPMO No. 484/2011. It was decided by this Court on 30.7.2012. The last opportunity was given to the petitioner to produce his eviden