ALLAHDIN AND ANOTHER Vs. RAGHUNATH SINGH

JUDGEMENT

(1.) PRESENT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 27.05.2013 (Annexure P/1) passed by learned Civil Judge (Junior Division), Pathankot, whereby the evidence of the petitioners -plaintiffs has been closed by order of the Court. Heard.

(2.) BRIEF facts relevant for disposal of the petition are that petitioners -plaintiffs filed a suit for recovery of Rs. 10,00,000/ - as compensation and damages with future interest at the rate of 15% per annum. Issues were framed on 31.03.2013 and case was fixed for plaintiff's evidence. On 27.05.2013 no plaintiff witness was present and the evidence of the petitioners has been closed by Court order observing that plaintiffs have already been granted sufficient opportunities for leading evidence. Hence, this revision petition.

(3.) THROUGH this petition, the petitioners seek permission for one last effective opportunity to complete their evidence at their own responsibility. It is correct that proviso to Order 17 Rule 1 CPC lays down that not more than three adjournments shall be granted to a party for its evidence. However, the said provision being rule of procedure has to be held to be directory and not mandatory in nature. This provision has to be applied with some flexibility and not with rigidity or inflexibility. Rules of procedure are handmaid to the administration of justice and are meant to meet the ends of justice and not to thwart or obstruct the same. In Salem Advocate Bar Association, Tamil Nadu Vs. Union of India, : AIR 2005 SC 3353, it has been held by the Hon'ble Supreme Court that in the facts and circumstances of a given case, more than three adjournments can be granted for evidence of a party by imposing punitive cost. In the present case, this Court is of the considered opinion that ends of justice would be met if one effective opportunity is given to the petitioners/plaintiffs to complete their evidence at their own risk and responsibility, subject to costs of Rs. 8000/ - to be paid to the respondent -defendant. Witnesses of the petitioners -plaintiffs shall be examined/cross -examined on the same day before leading of defendant's evidence.