IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3998 of 2010 Decided on : 30.06.2010 Surinder Kaur ... Petitioner versus Gurdeep Singh & another ... Respondents CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present : Ms. R.K.Sarwara, 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 claimant revision petition challenging the impugned order dated 06.05.2010 whereby the tribunal has closed the evidence of the petitioner by order of the court. While passing the impugned order, the tribunal has observed that numerous opportunities were granted to the petitioner but she has failed to conclude her evidence and there was no justification to adjourn the case further. Challenging the aforesaid order, learned counsel for the petitioner has vehemently argued that provisions of Civil Procedure Code are hand maid for advancing the cause of justice and the same should be construed liberally. She has further submitted that no prejudice is going to be caused to the respondents who are yet to start their evidence and they can very well be compensated with cost. Learned counsel for the petitioner also submitted that if given one more opportunity, the petitioner will produce its entire evidence on the aforesaid date at her own risk and responsibility. With these submissions, learned counsel for the petitioner has argued that the CR No.3998 of 2010 -2- claim of the petitioner may not be shut out merely on technicalities and she may be granted one more opportunity to lead her evidence. After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the case and arguments made above, I find it appropriate to grant one more opportunity to the petitioner to lead her entire evidence on her own risk and responsibility subject to payment of cost of Rs.1000/-. Consequently, the impugned order is set aside and the petitioner is granted one more opportunity to lead her entire evidence on her own risk and responsibility. Let the petitioner appear before the tribunal on the date fixed i.e. 21.07.2010. On the aforesaid date, the petitioner shall tender the cost to the respondents and after that the tribunal shall grant an opportunity to the petitioner to lead her entire evidence at her own risk and responsibility. It is made clear that no further opportunity will be granted to the petitioner. Disposed of. June 30, 2010 (RAKESH KUMAR GARG) sonia JUDGE