- (1.) By filing this revision petition under Article 227 of the Constitution of India, Sohan Lal-plaintiff has assailed order dated 28.11.2011 Annexure P-2 passed by learned Civil Judge (Senior Division), Karnal, thereby closing evidence of plaintiff by Court order and also order dated 07.03.2012 (Annexure P-3) passed by the same Court, thereby dismissing plaintiff's application for additional evidence.
(2.) I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner prays for only one more opportunity for remaining evidence of the plaintiff at his own responsibility.
(3.) I have carefully considered the aforesaid prayer. Perusal of zimni orders of the trial Court mentioned in the revision petition reveals that plaintiff has been granted six effective opportunities for his evidence. According to Order 17 Rule 1 of the Code of Civil Procedure, only three opportunities are granted to a party for its evidence. However, the said provision being of procedural law is required to be followed with some flexibility and not with extreme rigidity. Rules of procedure are handmaids of justice and are meant to advance the cause of justice and not to thwart the same. In the instant case, only one PW Jagdish Chand is to be examined. Ends of justice would be met if one more effective opportunity is given to the plaintiff to examine the said witness, subject to payment of cost.;