IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2612 of 2011 Date of decision: 26.7.2011 Gurnam Singh … Petitioner versus Roshan Lal and others … Respondents CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. R.P.Kansal, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is one of the defendants in the suit for possession by way of specific performance titled Roshan Lal v. Rachan Singh and others. He is aggrieved with order dated 5.4.2011 passed by the Civil Judge(Jr. Division), Kharar, by dint of which defendants' evidence has been closed by order of the Court. Hence, this revision. Heard. No doubt, on 25.3.2011, Gurnam Singh had not put in appearance for cross-examination and the case was adjourned to 5.4.2011 but his non-appearance was stated to be due to illness on 5.4.2011, as is apparent from Annexures P-1 to P-3, he was in Government Multi- Speciality Hospital, Sector 16, Chandigarh, with complaint of chest pain and was referred to Emergency and was also subjected to x-ray examination and as such, his non-appearance on 5.4.2011, the date his evidence was closed, was not intentional but beyond his control on account of ailment. Rules and procedure are hand-maid of justice and are meant to enhance it and not to scuttle the same. In this back-drop of the facts, he deserves one opportunity to lead evidence. Accordingly, the present revision petition is allowed, impugned order is set aside and the petitioner is afforded one effective opportunity to lead entire evidence; however, subject to payment of costs of Rs.2500/- to be paid to the opposite side before the trial Court. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite C.R. No. 2612 of 2011 -2- party. If the respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. July 26, 2011 ( ARVIND KUMAR ) JS JUDGE