The courts may allow the reopening of evidence in light of extraordinary circumstances such as a pandemic, conditioned by specific terms.

Bipin Chander Negi, Judge (oral).

The present petition has been filed against the impugned order dated 16.11.2021 (Annexure P-3), whereby the evidence of the petitioner has been closed by the learned Civil Judge, Nalagarh, District Solan, HP in CMA No.131-6/ of 2014, titled Manohar Lal Vs. Narinder Singh and Others.

2. Heard counsel for the parties and perused the petition and documents appended along with.

3. Admittedly, in the case at hand, issues before the learned trial Court were framed on 04.06.2015. Subsequent thereto, the matter was listed for recording of evidence of respondent No.1/plaintiff. The same was recorded on 09.02.2018. On the said date, three witnesses were examined

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes

on behalf of respondent No.1/plaintiff and the evidence was closed. Thereafter, matter was listed for examination of witnesses on behalf of the petitioner/defendant. The petitioner examined one witness on 02.01.2020 and thereafter, the case was fixed for examination of remaining witnesses on 24.03.2020. On account of Covid-19 pandemic, no effective hearing was done in the matter post March 2020.

4. Thereafter, the matter was posted on 04.05.2021. On the said date, it was taken up for effective hearing. The matter was directed to be listed on 19.10.2021. On 19.10.2021, the matter was posted for 16.11.2021 for recording of the evidence of the petitioner/defendant. It was made clear that opportunity for producing remaining witnesses on 16.11.2021 had been afforded as a last opportunity. On 16.11.2021 since no witnesses were produced on behalf of the petitioner/defendant, therefore, the right to lead evidence on behalf of the petitioner/defendant was closed.

5. Keeping in view the fact that inability to meet the stipulated timeline was due to unprecedented disruptions caused by the Covid-19 pandemic, including lockdowns, restricted access to legal counsel, administrative hurdles and given the extraordinary circumstances prevailing during the pandemic, which have been judicially recognized, this Court is inclined to allow the present petition, subject to payment of cost of Rs.5000/-, which are to be paid to the respondent.

6. In view of above terms, present petition is allowed and parties are directed to appear before the learned trial Court through their counsel on 03.06.2025. Costs awarded shall be paid to the respondent on the said date. On which date the trial Court shall fix the date for producing the remaining evidence. It is made clear that no further opportunity shall be granted to the petitioner to produce evidence. Assistance of the Court if solicited for producing witness/securing presence of witnesses shall be afforded.

Pending miscellaneous application(s), if any, shall also stand disposed of.