IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 1907 of 2011 Date of decision: 27.7.2011 Iqbal Singh … Petitioner versus Gurdial Singh … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. IPS Doabia, Advocate, for the petitioner Mr. N.S.Swaitch, Advocate, for the respondent ... ARVIND KUMAR, J: The present petitioner is the defendant in the suit for specific performance, titled Gurdial Singh v. Iqbal Singh. Plaintiff Gurdial Singh examined himself as PW-1, Malkiat Singh as PW-2, Nachattar Singh as PW-3 and Krishan Kumar, Deed-writer, as PW-4. They tendered their affidavits into evidence. They were also cross-examined by the defendant. Plaintiff moved an application that now it has been revealed that the affidavits of the said witnesses have not been exhibited during their examination due to inadvertence. It was thus, prayed that he be allowed to recall them for marking their affidavits as exhibits in their examination- in-chief. The application has been allowed with one opportunity to recall PW-2 to PW-4 at their own responsibility for their examination-in-chief and further statement, if any. Hence, this revision by the defendant. Heard. A perusal of the impugned order shows that the witnesses of the plaintiff, namely, PW-2 to P-4, tendered into evidence their affidavits which due to inadvertence could not be marked/exhibited. The trial Court has rightly observed in its order that without the said affidavits of the witnesses being taken on record, their cross-examination would be inconsequential. Rules and procedure are hand-maid of justice and are C.R. No. 1907 of 2011 -2- meant to enhance it and not to scuttle the same. No prejudice has been caused to the defendant on account of permission having been granted to the plaintiff to recall the said witnesses at his own responsibility. The further statement can only be construed as statement in context of having their affidavits exhibited. There is no infirmity in the impugned order. No interference is called for. The revision petition is dismissed. July 27, 2011 ( ARVIND KUMAR ) JS JUDGE