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Judgment
Ajay Mohan Goel, J
As per report of the Registry, respondents No. 2(a) to 2(c) not served.
Learned Counsel for the petitioner as well as learned Counsel for respondent No. 1 are AD IDEM that this civil revision can be put to an end without appearance of said unserved respondents taking into consideration the issue involved in this revision petition.
The grievance of the petitioner herein is qua order dated 01.06.2016, passed by learned Rent Controller, Court No. 2, Shimla whereby the evidence of respondent No. 2 i.e. present petitioner, was ordered to be closed by the learned Rent Controller.
Without going into the factual matrix involved in this petition, as learned Counsel for the petitioner submits that this LIS can be put to an end in case the petitioner is permitted to examine himself as his witness. The request of the petitioner is allowed by modifying the order dated 01.08.2016, passed by learned Rent Controller, Court No. 2, Shimla, to the extent that petitioner shall be permitted to examine himself as his witness before the learned Rent Controller. This will however be subject to payment of cost of 10,000/- by the petitioner to respondent No. 1 herein. Parties through their respective learned Counsel are directed to appear before the learned Rent Controller on 14th September, 2020, on which date, the order so passed by this Court shall be communicated to the learned Rent Controller, and thereafter, learned Rent Controller shall record the statement of the present petitioner as his own witness, for which purpose, the matter shall be listed before the learned Rent Controller on 28th September, 2020. It is clarified that no further adjournment shall be granted by learned Rent Controller for the examination of the petitioner, in case, he fails to present himself for examination on 28th September, 2020. It is further clarified that in the event of failure of the petitioner to appear as his own witness on 28.09.2020, he shall still have to pay cost of 10,000/- to respondent No. 1 herein.
Taking into consideration the fact that this rent petition is pending adjudication for more than a decade, learned Rent Controller shall make an endeavour to decide the rent petition by 31st December, 2020.
With these observations, the revision petition stands disposed of. Pending miscellaneous application(s), if any, also stand disposed of.