Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sh. Ajay Gupta – Appellant
Versus
Basant Kuthiala – Respondent
| Table of Content |
|---|
| 1. deemed service on respondent via family member allows ex parte proceedings. (Para 1) |
| 2. petition seeks to set aside order closing plaintiff's evidence. (Para 2 , 3) |
| 3. over three opportunities given for evidence before closure. (Para 4 , 5) |
| 4. no more than three evidence opportunities without recorded reasons. (Para 6) |
| 5. no infirmity in closing evidence; petition dismissed. (Para 7) |
JUDGMENT :
Ajay Mohan Goel, J.
As per report of the Registry, respondent No.1 stands served through his wife. As service upon said respondent has been effected through an adult member of the family, there is a deemed service. As none has put in appearance on behalf of respondent No.1 despite service, said respondent is ordered to be proceeded against ex parte. Further, as per report of the Registry, respondent No.2 stands served. As none has put in appearance on behalf of respondent No.2 despite service, said respondent is ordered to be proceeded against ex parte.
2. By way of this petition, the petitioner has, inter alia, prayed for the following relief:-
“It is, therefore, prayed that the present petition may very kindly be allowed and orders dated 10/06/2025 (Annexure P-4) passed by the Co
Not more than three opportunities to lead evidence in civil suits; excess requires reasons. Closure upheld after multiple non-compliance despite opportunities post issues framing.
Courts may close plaintiff's evidence after multiple (more than three) wasted opportunities in old suits; delays often due to parties' conduct, not judicial inaction; no interference warranted.
Failure to produce witnesses despite multiple opportunities may lead to the closure of the right to lead evidence.
The central legal point established in the judgment is the importance of granting reasonable opportunities to the defendant to lead evidence and the need for judicial orders to fix actual dates for r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
