- (1.) I have heard learned counsel for the petitioners and perused the case file. Learned counsel for the petitioners prayed that only one more opportunity may be granted to the petitioners for their remaining evidence.
(2.) I have carefully considered the prayer. According to averments in the revision petition, petitioners were granted five opportunities in all for their evidence. According to Order 17 Rule 1 of the Code of Civil Procedure, only three opportunities are required to be given to a party for its evidence. However, this provision being of procedural law, is required to be followed with some flexibility and not with extreme rigidity. Rules of procedures are hand-maids of justice and are meant to advance the cause of justice and not to thwart the same. In the instant case, in my considered opinion, ends of justice would be met if another opportunity is granted to the petitioners to produce their remaining evidence at own responsibility, on payment of cost.
(3.) I intend to dispose of this revision petition without issuing notice to the plaintiff-respondent so as to avoid further delay in the disposal of the suit and also to save the plaintiff-respondent of the expenses he may have to incur in engaging counsel for the revision petition, if notice thereof is issued to him. Resultantly, the instant revision petition is allowed. Trial court is directed to grant only one more effective opportunity to the petitioners for their remaining evidence at own responsibility, subject to payment of Rs.5,000/- as cost precedent. The petitioners may take assistance of the Court to summon any witness, but it shall be responsibility of the petitioners to produce their evidence and not more than one effective opportunity shall be granted to the petitioners for their remaining evidence.;