IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.7344 of 2010 (O&M) Date of Decision:11.11.2010 Smt. Sunita @ Surjeet Kaur and another .....Petitioners Vs. Haryana State and others .....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- Mr. Pankaj Mehta, Advocate for the petitioners. **** RAKESH KUMAR GARG, J. This is plaintiffs' revision petition challenging the impugned order dated 18.10.2010 whereby their evidence has been closed by order of the Court. As per the averments made in this petition, the petitioners filed the instant suit as indigent persons claiming damages for the death of their minor son caused due to the negligence of the respondents/ defendants. Counsel for the petitioners has submitted before this Court that no doubt, many opportunities were granted to the petitioners for leading their evidence, however, keeping in view the facts and circumstances of the case, the jurisdiction of this Court under Article 227 of the Constitution of India be invoked to allow the petitioners one more opportunity to complete their entire evidence at their own risk and responsibility. He has also submitted that no prejudice is going to be caused to the defendants- respondents as they have yet to start their evidence and they can be very Civil Revision No.7344 of 2010 (O&M) -2- well compensated with costs and thus the impugned order be set aside and the petitioners be allowed to complete their evidence. I have heard the learned counsel for the petitioners and perused the impugned order. It is well settled that the provisions of the Civil Procedure Code are handmaid for administration of justice and they are to be construed liberally in appropriate cases. In the present case, no doubt many opportunities have been granted to the petitioner, however, the respondents are yet to start their evidence and therefore, no prejudice is going to be caused to them. Moreover, the petitioners have undertaken to complete their evidence in one opportunity. Thus, impugned order is set aside subject to payment of costs which are assessed at Rs.500/- and the petitioners are granted one opportunity to lead their entire evidence at their own risk and responsibility. Let the petitioners appear on 18.11.2010 before the trial Court and tender the costs. In case the petitioners tender the costs, they shall be granted one opportunity by fixing a date to lead their evidence at their own risk and responsibility. No further opportunity shall be granted. Disposed off. November 11, 2010 ( RAKESH KUMAR GARG ) renu JUDGE