IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1469 of 2010 Date of decision: 5.3.2010 Manjit Singh ......Petitioner(s) Versus M/s Mulakh Raj & Company ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. K.R. Dhawan, Advocate for the petitioner. Rakesh Kumar Garg, J.(Oral) This is plaintiff's revision petition challenging the impugned order dated 17.11.2009 passed by the Civil Judge (Junior Division), Ferozepur whereby his evidence has been closed by order of the Court. Challenging the aforesaid order, learned counsel for the petitioner has submitted that the provisions of Civil Procedure Code are handmaid for administration of justice and the petitioner could not be non- suited merely on the ground of technicalities. It has been further submitted by the learned counsel for the petitioner that no prejudice is going to be caused to the respondent as the case is still at the initial stage of the respondent's evidence and moreover, the respondent 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 petitioner to conclude his entire evidence at his own risk and responsibility. After hearing learned counsel for the petitioner, I deem it appropriate to grant one more opportunity to the petitioner to lead his entire evidence subject to payment of costs which are assessed at Rs.5,000/-. Consequently, the order dated 17.11.2009 is set aside and the petitioner is granted one more opportunity to lead his entire evidence at its own risk CR No.1469 of 2010 -2- and responsibility subject to payment of costs of Rs.5,000/- which shall be paid to the respondent. Let the petitioner appear before the trial Court on the date fixed i.e. 8.3.2010. On that date, the petitioner shall pay the costs. On doing so, the trial court shall fix the date granting the opportunity to the petitioner for leading his entire evidence as aforesaid. It is made clear that no further opportunity shall be granted to the petitioner. The present petition stands disposed of. Order be given dasti on payment of usual charges. March 5, 2010 (RAKESH KUMAR GARG) ps JUDGE