IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.2452/2009 Date of Decision: 1.5.2009. Hukam Chand Mudgil ..........Petitioner. Versus Dilawar Singh and another ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. Arun Singal,Advocate for the petitioner. JASWANT SINGH,J(Oral) Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside the orders dated 1.9.2006 whereby the evidence of the petitioner- plaintiff was closed by court order as also the order dated 16.3.2009 whereby his application for recalling of the order dated 1.9.2006 was also dismissed. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents as the same would unnecessarily delay not only the disposal of the present petition but the suit as well. The proceedings in the present case arise out of a suit filed by the petitioner- plaintiff for specific performance with possession of agreement to sell dated 8.7.2009 and declaration to the effect that the gift deed dated 5.8.2003 is illegal null and void and not binding upon him. Learned counsel for the petitioner submits that on 1.9.2006 the case was not initially shown in the cause list and on enquiry it was found that the case had been lying in the Copying Agency. It is further stated that on the same day i.e. 1.9.2006 at around 3.50 p.m. the case was added in the cause list, and it is thereafter that the impugned order was passed. It is submitted that the omission on the part of the petitioner to appear and CR NO.2452/2009 2 conclude evidence was bona fide and on coming to know about the passing of the order dated 1.9.2006 he moved an application for recalling the said order but the said application was also dismissed vide order dated 16.3.2009. It is further stated that defendants' evidence is yet to commence. In these circumstances, one last opportunity to conclude the entire evidence of the petitioner-plaintiff , on payment of costs, is prayed for. Heard learned counsel and perused the paper book. It is quite settled that rules of procedure are handmaid of justice to advance the same and not to subvert it. Keeping in view the aforesaid facts and settled proposition of law in my considered opinion, it would be just and expedient to grant one last opportunity to the petitioner to conclude his entire evidence on the next date of hearing or on a date to be fixed by the learned Trial Court, subject to payment of costs of Rs.5000/-. Accordingly, present revision petition is allowed, impugned orders dated 1.9.2006 and 16.3.2009 are set aside and petitioner is granted one last effective opportunity, at his own responsibility to conclude entire evidence on the next date of hearing or on a date to be fixed by the learned Trial Court, subject to payment of Rs.5,000/- as costs, to be paid to the respondents-defendants in equal share by way of demand draft. 1.5.2009. (Jaswant Singh) joshi Judge