Civil Revision No. 3846 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3846 of 2011 Date of Decision: 03.06.2011 *** Ishwar Dass & Anr. .. Petitioners Vs. Surinder Kumar. .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Bhag Singh, Advocate for the petitioners. *** ARVIND KUMAR, J. The present petitioners are the defendants in the suit for possession by specific performance of agreement to sell. They are aggrieved with order dated 18.5.2011 by dint of which their evidence has been closed by order of the Court. Heard. The only argument addressed by learned counsel for the petitioner is that the suit is for specific performance of agreement to sell and the case of the petitioners is that it is the plaintiff who failed to perform his part of contract and if one more opportunity is not granted to the defendants, they will suffer an irreparable loss. A request has been made for granting one opportunity to conclude the evidence, may be subject to payment of costs. Rules and procedure are handmaid of justice. These are meant to enhance the cause of justice and not to scuttle the same. Their Lordships of the Supreme Court in Sardar Amarjit Singh Kalra (dead) by LRs and Ors. Vs. Parmod Gupta (Smt.) (dead) by LRs and Ors. 2003(3) SCC 272, in para 26 of the judgment had opined as under:- “Laws of procedure are meant to regular effectively, assist and aid the object of doing substantial and real Civil Revision No. 3846 of 2011 2 justice and not to foreclose even an adjudication merits of substantial rights of citizen under personal, property and other laws. Procedure has always been viewed as the handmaid of justice and not to hamper the cause of justice or sanctify miscarriage of justice.” Accordingly, this revision petition is allowed and order, under challenge, is set aside. The trial court is directed to grant one effective opportunity to the petitioners subject to payment of costs of Rs.5,000/-. In case the cost is not paid on the next date of hearing fixed before the learned trial Court, the instant petition shall be deemed to have been dismissed. 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. (ARVIND KUMAR) JUDGE June 03, 2011 Jiten