IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 3464 of 2011 Date of decision: 24.5.2011 Chattar Singh and another … Petitioners versus Amritsar Improvement Trust and another ... Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. M.S.Bajwa, Advocate, for the petitioners ... ARVIND KUMAR, J: The present petitioners are the plaintiffs in the suit for declaration titled Chattar Singh and another v. Amritsar Improvement Trust, Amritsar, and another. They are aggrieved with order dated 19.2.2011 passed by the Civil Judge (Junior Division), Amritsar, by dint of which their application for summoning the witnessses has been declined. The facts are that when issues were framed, the plaintiff was directed to furnish process-fee/diet-money/list of witnesses within a week failing which no assistance was to be provided by the Court for summoning the witnesses. The order was not complied with resulting into passing of the impugned order, now asking the plaintiffs to produce the witnesses at their own responsibility. Hence, this revision. Heard. The present suit is against the Improvement Trust and the Municipal Corporation, Amritsar. The witnesses which the plaintiffs want to examine are official witnesses and cannot be brought at their own responsibility. The plaintiffs though were callous in not complying with the order while submitting the list of witnesses within the stipulated period but for this lapse, they can be burdened with costs. Rules and procedure are hand-maid of justice and are meant to enhance it and not to scuttle the same. If one further opportunity is not C.R. No. 3464 of 2011 -2- granted to the plaintiffs, they will certainly suffer an irreparable loss. The other party can be compensated with costs. Accordingly, the revision petition is allowed, impugned order is set aside. Petitioners-plaintiffs shall submit the list of witnesses prior to the date next fixed in the case and on their doing so, the trial Court shall summon them and then proceed in accordance with law. This shall however be subject to payment of costs of Rs.2000/- to be paid by the plaintiffs to the defendants before to the trial Court. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite party. If the respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. Revision petition stands disposed of accordingly. May 24, 2011 ( ARVIND KUMAR ) JS JUDGE