CR No.5196 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.21520-CII of 2010 & CR No.5196 of 2010 Decided on : 25.08.2010 Narain Singh & others ... Petitioners versus Bharat Ram & others ... Respondents CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present : Mr. Adarsh Jain, Advocate for the petitioners. **** 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? *** RAKESH KUMAR GARG, J. CM No.21520-CII of 2010 For the reasons mentioned in the application, same is allowed. Affidavit filed by the petitioner is taken on record. CM stands disposed of. CR No.5196 of 2010 By way of this petition, the petitioner has challenged the impugned order dated 09.06.2010 whereby their evidence (in an application filed under Order 9 Rule 13 Civil Procedure Code for setting aside ex parte decree dated 10.05.2000), has been closed by order of the Trial Court. Challenging the aforesaid order, learned counsel for the petitioners has vehemently argued that the petitioners were not at fault while leading their evidence and moreover the provisions of Code of Civil Procedure are handmaid for administration of justice and same CR No.5196 of 2010 -2- are to be construed liberally. Learned counsel for the petitioners has further submitted that it will be in the interest of justice, if one more opportunity is granted to the petitioners to complete their evidence by way of cross-examination of one witness Sat Pal Dagar, Advocate and one witness from the office of Executive Magistrate, Palwal. Learned counsel for the petitioners has further stated that no prejudice is going to be caused to the respondents and they can be very well compensated by way of costs. Learned counsel for the petitioners has further undertaken to complete his entire evidence in one opportunity at his own risk and responsibility. I have heard learned counsel for the petitioners. No doubt, the petitioners were granted many opportunities to complete the evidence and there was no justification to further adjourn the case for their evidence, however, it is well settled that the provision of the Code of Civil Procedure are handmaid for administration of justice and same are to be construed liberally. In these circumstances, petitioners are allowed one more opportunity to complete their evidence as aforesaid subject to payment of Rs.5,000/-. Consequently, the impugned order is set aside. The petitioners are directed to appear before the trial court on the date fixed i.e. 26.08.2010. On appearance, the petitioners shall make the payment of cost to the respondents. On their doing so, the trial court shall adjourn the case fixing the date for allowing the petitioners one opportunity to complete their evidence by way of cross-examination of one witness Sat Pal Dagar, Advocate and one witness from the office of Executive Magistrate, Palwal at their own risk and responsibility. It is made clear that no further opportunity shall be granted to the CR No.5196 of 2010 -3- petitioners. It may also be noticed that in case the plaintiffs- respondents seeks an opportunity to lead any evidence after the petitioners complete their evidence, the same shall also be allowed to them by the trial court. Disposed of. Copy of this order be given dasti on payment of usual charges. August 25, 2010 (RAKESH KUMAR GARG) sonia JUDGE