IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 462 of 2011 Date of decision: 3.5.2011 Amar Nath … Petitioner versus Surinder Kumar and another … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. APS Rehan, Advocate, for the petitioner Mr. D.K.Gupta, Advocate for respondent No.1 ... ARVIND KUMAR, J: Petitioner- Amar Nath is one of the plaintiffs in the suit for possession. He is aggrieved with order dated 4.1.2011 passed by the Additional Civil Judge(Sr.Division), Gurdaspur, by dint of which his application for additional evidence has been dismissed. Heard. The case is no doubt at the final stage; however, counsel for the petitioner contends that by way of additional evidence, petitioner wants to tender certified copy of the FIR No. 39 dated 1.10.2003 filed against the present petitioner and another in which the contesting respondent No.1 has admitted that he is a tenant under the petitioner and as such, it is a material document for adjudication of this case. The only prayer which has been made by the counsel is that only one opportunity may be afforded to tender the same without leading any oral evidence, may be subject to payment of costs. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. The dispute between the parties is required to be disposed of on merits and not on the C.R. No. 462 of 2011 -2- basis of technicalities. The revision petition is, therefore, allowed and the order under challenge is set aside and the trial Court is directed to permit the petitioner one effective opportunity, only for tendering the FIR in evidence. The order passed is subject to payment of Rs.10,000/- as costs, to be paid by petitioner to the opposite side before leading evidence, as stated above, in the trial Court. The petition stands disposed of accordingly. May 3, 2011 ( ARVIND KUMAR ) JS JUDGE