IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5273 of 2009 Date of decision: 5.2.2010 M/s East India Fabrics Mfg.Co.Ltd ......Petitioner(s) Versus Shri Bal Kishan Garodia and others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. A.K. Chopra, Sr. Advocate with Ms. Shaibya Sood, Advocate for the petitioner. Mr. Sudhir Mittal, Advocate for respondent No.1. Mr. Ajay Nara, Advocate for respondents No.2 and 3. Rakesh Kumar Garg, J.(Oral) This is plaintiff's revision petition challenging the impugned order dated 31.8.2009 whereby its evidence has been closed by order of the Court. Challenging the aforesaid order, learned counsel for the petitioner has vehemently argued that from the zimni orders as reproduced in this petition, it is crystal clear that the petitioner has been granted only three effective opportunities to lead its evidence and in fact the evidence of the petitioner could not be produced on the date fixed due to some unavoidable reasons. Learned counsel for the petitioner has further submitted that the provisions of Civil Procedure Code are handmaid for administration of justice and the case of the petitioner could not be shut merely on the basis of technicalities. Moreover, the defendant-respondents are yet to start leading their evidence and therefore, no prejudice is going to be caused to the defendant-respondents at this stage and they can very well be compensated with costs. On the basis of the aforesaid argument, learned counsel for the petitioner has sought that at least one opportunity be granted to the CR No.5273 of 2009 -2- petitioner to conclude its entire evidence at its own risk and responsibility. On the other hand, learned counsel for the respondents have vehemently opposed the aforesaid argument raised by the learned counsel for the petitioner and have submitted that sufficient opportunities have already been given to the petitioner for adducing its evidence. I have heard learned counsel for the parties. After hearing the learned counsel for the parties and perusal of records of this case, this Court is of the view that ends of justice will be met if the petitioner is granted one more opportunity to lead its entire evidence at its own risk and responsibility subject to payment of costs which are assessed at Rs.5,000/-. Accordingly, the impugned order is set aside and the petitioner is granted one more opportunity to lead its entire evidence at its own risk and responsibility subject to payment of costs of Rs.5,000/- which shall be paid to the defendant-respondents. Let the parties appear before the trial Court on 25.2.2010. On that date, the petitioner shall pay the costs. On doing so, the trial court shall fix the date granting one opportunity to the petitioner for leading its entire evidence as aforesaid. It is made clear that no further opportunity shall be granted to the petitioner. The present petition stands disposed of, in the above terms. February 5, 2010 (RAKESH KUMAR GARG) ps JUDGE