1 S.B. CIVIL WRIT PETITION NO.7647/2007 (Kailash Chandra Soni Vs. Mangi Lal & anr.) Date of Order :: 8th April 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Dr.Sachin Acharya for the petitioner ... Learned counsel submits on instructions that presently the suit proceedings themselves having been terminated, the petitioner does not want to proceed with this writ petition any further. Of course, on the submissions as made by learned counsel for the petitioner, the petition is required to be dismissed as not pressed; however, having examined the subject matter of this writ petition, it appears appropriate to observe that this Court is satisfied that the learned Trial Court has not committed any jurisdictional error in taking on record the remaining part of affidavit in evidence of the plaintiff- Mangilal. From the material placed on record and the observations as made in the impugned order dated 22.08.2007, it appears that plaintiff's affidavit in evidence was filed containing eight pages but the same was not complete; and such error was noticed only at the time the matter was taken up for cross-examination of the plaintiff before the Commissioner. 2 The rules of procedure are essentially meant to subserve the cause of justice and if in the interest of justice, the learned Trial Court has permitted the plaintiff to correct and complete the affidavit, whether by way of filing a fresh one or by way of producing remaining pages of affidavit, the exercise, in the peculiar circumstances of the case, remains unexceptionable. Viewed from any angle, there appears no reason to interfere in the extra-ordinary writ jurisdiction of this Court. The writ petition is, therefore, dismissed. (DINESH MAHESHWARI),J. MK