IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5336 of 2010 Decided on : 24.08.2010 Subhash Chander ... Petitioner versus Rajinder Singh ... Respondent CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present : Mr. Ashok Kumar Khunger, Advocate for the petitioner. **** 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? *** RAKESH KUMAR GARG, J. This is plaintiff's revision petition challenging the impugned order dated 21.07.2010 whereby his evidence has been closed by order of the Trial Court. Learned counsel for the petitioner states that no doubt petitioner has already availed many opportunities to lead his evidence. However, it will be in the interest of justice, if one more opportunity is granted to the petitioner to complete his evidence by way of cross- examination of PW-2 Gurpreet Singh and Joginder Pal (other attesting witness of the agreement to sell). Learned counsel for the petitioner has further stated that no prejudice is going to be caused to the defendant-respondent as his evidence is yet to start and the respondent can be very well compensated by way of costs. The petitioner has further undertaken to complete his entire evidence in one opportunity at his own risk and responsibility. I have heard learned counsel for the petitioner and perused the impugned order as well as the other zimni orders as re-produced in the petition. CR No.5336 of 2010 -2- Admittedly, petitioner has availed many opportunities and no error can be found in the impugned order. However, it is well settled that the provision of the Code of Civil Procedure are hand maid for administration of justice and same are to be construed liberally. Moreover, in the present case the defendant is yet to start his evidence and the petitioner has submitted that he will complete his entire evidence, if one opportunity is granted at his own risk and responsibility. Consequently, petitioner is allowed one more opportunity to complete his evidence as aforesaid subject to payment of Rs.5,000/-. The petitioner is directed to appear before the trial court on the date fixed i.e. 25.08.2010. On appearance, the petitioner shall make the payment of cost to the respondent. On his doing so, the trial court shall adjourn the case fixing the date for allowing the petitioner one opportunity to complete his evidence by way of cross-examination of PW-2 Gurpreet Singh and examination of Joginder Pal (the other attesting witness of the agreement to sell) at his own risk and responsibility. It is made clear that no further opportunity shall be granted to the petitioner and he will not be granted Court assistance to bring the evidence. Disposed of. Copy of this order be given dasti on payment of usual charges. August 24, 2010 (RAKESH KUMAR GARG) sonia JUDGE