IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1451/2009 Date of Decision:24.4.2009. Mathra Dass Mehta ..........Petitioner. Versus Darbari Lal ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.SS Joshi,Advocate for the petitioner-plaintiff. JASWANT SINGH,J(Oral). Prayer in the present revision petition under Article 227 of the Constitution of India is for setting aside the order dated 9.12.2008 (Annexure P/1) passed by the learned Civil Judge (Junior Division) Patiala whereby the evidence of the petitioner-plantiff has been closed by order. Facts of the case are that Mathra Dass Mehta-petitioner-plaintiff filed a suit for recovery of Rs.18,390/- (principal Rs.12,000/- plus interest Rs.6,390/-) for 35½ months from 29.1.2001 to 14.1.2004 on the basis of a pronote and receipt dated 29.1.2001 executed by Darbari Lal-respondent- defendant. Counsel for the petitioner-plaintiff contends that on 9.12.2008 the case was listed for remaining evidence of the plaintiff but due to accidental slip in the bathroom the petitioner suffered injuries and for that reason could not appear in the trial court. One opportunity for tendering the petitioner CR NO.1451/2009 2 himself for his cross examination is prayed for. In support of prayer made, duly sworn affidavit dated 23.4.2009 of the petitioner has been produced at the time of arguments, which is taken on record as Annexure P/2. Perusal of the same reveals that now the case is fixed for 5.5.2009 for defendant's evidence. It is quite settled that rules of procedure are handmaid of justice to advance the same and not to subvert it. After hearing the learned counsel for the petitioner, perusing the record and keeping in view the settled proposition of law in my considered opinion, it would be just and expedient to grant one last opportunity to the petitioner-plaintiff 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. For the reasons stated above, present revision petition is allowed, impugned orders dated 9.12.2008 (Annexure P/1) is set aside and petitioner- plaintiff is granted one effective opportunity, at his own responsibility 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 Rs.5,000/- as costs, to be paid to the respondent-defendant by way of demand draft in his favour. This revision petition is being disposed of without issuing notice to the respondent-defendant so as to avoid further delay and costs to him. Moreover, respondent is being compensated by way of costs. 24.4.2009. (Jaswant Singh) joshi Judge