##PAGE1##

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CMPMO No.750/2025

Date of Decision: 22nd December, 2025.

M/s Paradise and Anr. .....Petitioners P

Versus

State Bank of India and Ors.

...Respondents.

Coram

The Hon’ble Mr. Justice Bipin Chander Negi, Judge.

Whether approved for reporting?1

For the Petitioners: Mr. Sumeet Raj Sharmfa, Advocate.

For the Respondent: Nemo.

Bipin Chander Negi, Judge (oral).

The present petition has been preferred against the

impugned order dated 19.u08.2025, passed by the learned

Senior Civil Judge, Noahan, District Sirmaur, HP, whereby

an application filed under Order VII Rule 14 read with

Section 151 of the CPC, filed by the present

petitionhers/plaintiffs for placing on record documents has

begen rejected.

2. Heard counsel for the petitioners and perused the

impugned order and the documents appended along with

the present petition.

3. The suit in the case at hand was filed in the year

2013. The right of the present petitioners/plaintiffs to lead

evidence was closed vide order dated 31.10.2019. The

same is being reproduced herein below for ready

reference.

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

::: Downloaded on - 04/01/2026 03:50:22 :::CIS

2

“On 08.03.2017, learned counsel for the plaintiffs

after examining certain witnesses had stated that only the

plaintiff is required to be examined, who shall be produced

on self-responsibility. However, despite passage of more

than 2½ years, the plaintiffs have failed to lead its evidence.

Even, on the last date of hearing i.e. on 19.06.2019, it was

made clear that this was the last opportunity being granted

to the plaintiff to examine himself, but even today, he has

failed to appear as his own witness. Therefore, the Court is

left with no other option, but to close the evidence of the

plaintiffs.

Now to come up for the evidence of defendant No.1

on a date to be fixed by the concerned Registrar.”

4. An intra Court appeal was preferred against the

same and the same was decided vide judgment dated

08.08.2023. Relevant part whereof reads as follows:-

“9. Accordingly, this appeal is allowed. Order dated

31.10.2019, passed by the learned Single Judge in Civil Suit

No.31 of 2013, in terms whereof, the evidence of the

plaintiffs was closed, is set aside and it is ordered that one

opportunity shall be granted by the learned Court below to

the plaintiffs to lead their evidence, i.e. an opportunity to

record the statement of plaintiff No.2, as witness of the

plaintiffs.

10. As we stand informed that now on account of change in

the pecuniary jurisdiction of the Courts, this matter is to be

transferred to the Court of learned Senior Civil Judge,

Sirmaur at Nahan, H.P., therefore, we order transfer of the

case to the Court of learned Senior Civil Judge, Sirmaur at

Nahan, H.P., before whom the parties are directed to appear

through their counsel on 04.09.2023, on which date,

plaintiff No.2 shall remain present in the Court for the

purpose of recording his statement.

::: Downloaded on - 04/01/2026 03:50:22 :::CIS

3

11. This further shall be subject to payment of costs by the

plaintiffs/appellants to the tune of Rs.5,000/- to respondent

No.1. .

12. It is further ordered that in case plaintiff No.2 does not

appear for having his statement recorded before the l.earned

Court below concerned on the said date, then no further

opportunity in this regard shall be granted to the plaintiffs.”

5. In terms of the judgment dated 08.08.2023, parties

were directed to appear before the learned trial Court on

04.09.2023. The Civil Suit on account of pecuniary

jurisdiction had been transferred to the learned trial Court

from the High Court. Record of the Civil Suit were received

by the learned trial Court on 10.10.2023. None of the

parties were present before the learned trial Court on the

said date, thereafter, the matter was listed on 20.10.2023.

On the said date, notices were issued to the parties

returnable for 06.12.2023. The Presiding Officer was leave

on the said date i.e. 06.12.2023. However, on the s