IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.2429/2009 Date of Decision: 1.5.2009. State Bank of India,Panchkula ..........Petitioner. Versus Mrs.Alka Bhatia and another ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.VK Bali,Advocate for the petitioner. JASWANT SINGH,J(Oral). Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside the order dated 16.12.2008 passed by the learned court below, whereby evidence of the petitioner was closed by order of the court. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondents as the same would unnecessarily delay not only the disposal of the present petition but the suit as well. The proceedings in the present case arise out of a suit for recovery filed by the petitioner-plaintiff against the respondents-defendants. Learned counsel for the petitioner submits that on 16.12.2008 one B.K.Sharma, official witness of the petitioner bank, who was to tender his evidence could not appear in the Court in time as he was also to appear in another case in a Court at Derabassi. An affidavit in this regard has also been CR NO.2429/2009 2 placed on file. It is submitted that by the time the said witness namely Mr.B.K.Sharma reached the Court, the evidence had been closed by court order. On the same day even an application was moved by the petitioner plaintiff to recall the said order but the application was dismissed. In these circumstances, one last opportunity to conclude the entire evidence of the petitioner-plaintiff bank, on payment of costs, is prayed for. Heard learned counsel and perused the paper book. It is quite settled that rules of procedure are handmaid of justice to advance the same and not to subvert it. Keeping in view the aforesaid facts and settled proposition of law in my considered opinion, it would be just and expedient to grant one last opportunity to the petitioner to conclude its entire evidence on the next date of hearing or on a date to be fixed by the learned Trial Court, subject to payment of costs of Rs.5000/-. Accordingly, present revision petition is allowed, impugned orders dated 16.12.2008 is set aside and petitioner bank is granted one last effective opportunity, at its own responsibility to conclude its entire evidence on the next date of hearing or on a date to be fixed by the learned Trial Court, subject to payment of Rs.5,000/- as costs, to be paid to the respondent no.1 namely Mrs. Alka Bhatia, by way of demand draft. 1.5.2009. (Jaswant Singh) joshi Judge