IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4316 of 2011 Date of decision: 19.7.2011 Gurdeep Singh … Petitioner versus Kamal Kumar … Respondent CORAM: HON’BLE MR. JUSTICE ARVIND KUMAR Present: Mr. Kamal Narula, Advocate, for the petitioner ... ARVIND KUMAR, J: The present petitioner is the defendant in the suit for possession by way of specific performance of agreement to sell dated 21.4.2004 titled Kamal Kumar v. Gurdeep Singh. He is aggrieved with order dated 7.4.2011 passed by the Additional Civil Judge(Sr.Division), Ferozepur,by dint of which his evidence has been closed by order of the Court. Hence, this revision. Heard. It has been contended that the petitioner wanted to examine Auction Recorder of the Market Committee, Talwandi Bhai, but since the record which he wanted to produce was not available there and was lying with the Market Committee, Bagha Purana, he could not examine the witness. No doubt, the defendant-petitioner had been callous for late deposit of diet-money but if an opportunity is not granted, he will suffer an irreparable loss. Hence, prayer is only for one opportunity, may be subject to payment of costs. Rules and procedure are hand-maid of justice and are meant for enhancing the same and not to scuttle it. Accordingly, this revision petition is allowed and the order under challenge is set aside. The trial Court is directed to afford one effective opportunity to the petitioner to conclude his entire evidence; however, subject to payment of costs of Rs.10,000/- to be paid to the respondent. Keeping in view the circumstances mentioned above, this revision is being disposed of without issuing any notice to the opposite C.R. No. 4316 of 2011 -2- party. If the respondent is summoned to contest this litigation, he will have to incur huge expenses to defend this case. However, liberty is granted to the respondent that if he feels dissatisfied with this order, he may move an application to recall the same. The petition stands disposed of accordingly. July 19, 2011 ( ARVIND KUMAR ) JS JUDGE