1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 3019 of 2011 Date of Decision: 6.5.2011 *** Priya Devi .. Petitioner VS. Sumer Singh .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. B.K. Bagri, Advocate for the petitioner. *** ARVIND KUMAR, J. The present petitioner is the widow of one Pawan Kumar, who died in a motor vehicular accident, having daughter named Sakshi, aged about 2 years from the wedlock. She is the respondent in the petition filed by the grand-father of minor, seeking her custody. When the case was fixed for evidence of the petitioner herein, with last opportunity, no evidence could be led and her evidence was closed by the trial Court vide order dated 9.4.2011, which has been impugned in this petition. Heard. The learned counsel for the petitioner has very fairly conceded that the petitioner failed to conclude her evidence, but has contended that if one opportunity is not granted to the petitioner, the widow, who is opposing the custody of her minor child sought by the grand-father, she will suffer an irreparable loss, which cannot be compensated in any manner. He prays for grant one opportunity, that may be subject to payment of costs. Keeping in view the fair stand of learned counsel for the petitioner and particularly the fact that no prejudice would be caused to the respondent, who can be well compensated with costs, this Court is of the opinion that it would be in the interest of justice to grant one effective opportunity to the petitioner to conclude her evidence. Rules and procedures are handmaid of justice and meant for enhancing the same and not to scuttle 2 it. Accordingly, this revision petition is allowed and order, under challenge, is set aside. The trial court is directed to afford one effective opportunity to the petitioner for recording the evidence and the petitioner will conclude the same on that date positively. The order passed is subject to the payment of Rs.5,000/- as costs to be paid by the petitioner to the respondent before the trial court at the time of leading of her evidence. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party. If 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 feel dissatisfied with this order, he may move an application to recall the same. The petition stands allowed accordingly. Copy of this order be given dasti, under the signatures of Court Secretary of this Court. (ARVIND KUMAR) JUDGE May 06,2011 Jiten