CMPMO No. 563 of 2009 2.12.2009 Present: Mr. Anup Rattan, Advocate, for the petitioner. Mr. G. D. Verma, Sr. Advocate, with Mr. B. C. Verma, Advocate, for the respondent. CMPMO No. 563 of 2009 The petitioner is aggrieved of the order dated 15.5.2009 whereby his right to lead evidence was closed and also order dated 6.6.2009 whereby application for recalling the said order was dismissed. Mr. G. D. Verma, learned Senior counsel has raised doubts about the maintainability of the present petition in its form for the reason that the order dated 15.5.2009 has not been assailed. In my view the substance and not the form is to be seen. Considering that the petitioner had filed an application for recalling the order dated 15.5.2009 on the very same date itself, interest of justice would be met if the order dated 15.5.2009 is taken into account while considering order dated 6.6.2009. As explained, the interest of justice demands one more and final opportunity be afforded to the petitioner to adduce his evidence on any one date which may be fixed by the Trial Court. This however is subject to payment of cost of Rs. 2,500/- to the respondent herein which shall be payable on the next date before the Trial Court. The parties undertake to appear before the Trial Court on 5.1.2010 when the Court shall fix a date for evidence. The order dated 15.5.2009 and 6.6.2009, to the extent it adversely effects the petitioner are set aside. With the aforesaid -2- observations the present petition stands disposed of. Record be sent back immediately. CMP No. 768/09 and CMP No. 769/2009 Disposed of. (Sanjay Karol), Judge. December 2, 2009 (PK)