IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1653/2009 Date of Decision: 8.5.2009. Sawaran Singh ..........Petitioner. Versus Sukhjit Singh and another ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. Satbir Rathore,Advocate for the petitioner. JASWANT SINGH,J(Oral). Prayer in the present petition filed under Article 227 of the Constitution of India is for quashing the order dated 19.3.2008 passed by the learned Civil Judge (Jr.Division)Dasuya, closing the petitioner-plaintiff's evidence by Court order; and the order dated 21.2.2009 dismissing his application for recalling the said order dated 19.3.2008/ allowing his cross examination. Notice of the petition was issued to the respondents. Despite service no one has put in appearance. The proceedings in the present case arise out of a suit filed by the petitioner-plaintiff in the year 2000 for declaration to the effect that he is owner and for possession of land measuring 15K-0M, as detailed in the head note of the plaint. On the pleadings of the parties issues were framed on 23.1.2003. On 19.3.2008 when evidence of the petitioner-plaintiff was ordered to be closed by Court order, only cross examination of the petitioner remained to be conducted. Soon thereafter he filed an application for recalling the said order dated 19.3.2008 and permit him to be tendered for cross examination,which application was also dismissed by the CR NO.1653/2009 2 learned trial Court vide order dated 21.2.2009. Learned counsel for the petitioner submits that after 19.3.2008 only one defendant witness has been examined and now the case is fixed for defendants' evidence on 4.6.2009. In these circumstances, one last effective opportunity for cross examination of the petitioner-plaintiff, on payment of costs, is prayed for. Heard learned counsel and perused the paper book. It is quite settled that rules of procedure are handmaid of justice to advance the same and not to subvert it. Keeping in view the aforesaid facts and settled proposition of law in my considered opinion, for effecting complete and final adjudication of the lis between the parties, it would be just and expedient to grant one last opportunity to the petitioner to conclude his entire evidence on the next date of hearing or on a date to be fixed by the learned Trial Court, subject to payment of costs of Rs.2000/-. Accordingly, present revision petition is allowed, impugned orders dated 19.3.2008 and 21.2.2009 are set aside and petitioner is granted one last effective opportunity, at his own responsibility to conclude his entire evidence on the next date of hearing or on a date to be fixed by the learned Trial Court, subject to payment of Rs.2,000/- as costs, to be paid to the respondents by way of demand draft. 8.5.2009. (Jaswant Singh) joshi Judge