CR No. 6884 of 2011(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6884 of 2011(O&M) Date of decision: 9.11.2011 Surinder Kaur and another ...Petitioners Versus Sarwan Singh and others ...Respondents CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.SS Duhan, Advocate for the petitioners **** Jitendra Chauhan, J. (Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 8.10.2011 passed by learned Civil Judge (Junior Division), Dhuri, vide which the application filed by the petitioners for adducing additional evidence was rejected. Learned counsel contends that Pal Singh, an eye witness and Dr.Badri Dass, who conducted the postmortem examination on the dead body of the deceased Malwinder Singh were inadvertantly not examined by the learned counsel for the plaintiffs-petitioners. He further contends that these are the material witnesses and their non-examination will affect the outcome of the trial. He further contends that only one last opportunity may be granted to examine the said witnesses at their own risk and responsibility on a date to be fixed by the learned trial Court. I have heard learned counsel for the petitioners and perused the case file carefully. CR No. 6884 of 2011(O&M) 2 From the perusal of the case file, it emerges that after availing sufficient opportunity, the evidence of the petitioners was closed on 17.9.2009, and even the evidence of the defendants was closed on 11.2.2010. However, this court is of the view that evidence of Pal Singh, an eye witness and Dr.Badri Dass, who conduced the postmortem on the dead body of the deceased Malwinder Singh, is likely to materially affect the outcome of the case, as they are amongst the main witnesses. Rules and procedure are meant to dispense the justice and not to dispense with justice. Therefore, in the interest of justice, the petitioners can be granted one last opportunity to examine the said witness and other party can be compensated. Accordingly, the present revision petition is accepted and the order dated 8.10.2011 is set aside. The learned Trial Court is directed to grant one last opportunity to the petitioners to examine Pal Singh and Dr.Badri Dass at their own risk and responsibility, subject to payment of `5000/- to the respondents as cost. However, it is made clear that the date will be fixed by the learned trial Court. 9.11.2011 (JITENDRA CHAUHAN) gsv JUDGE