- (1.) Vide order dated 19.1.2006, evidence of the petitionerdefendant was closed by order. Counsel states that due to some gap of communication with the counsel before the Court below, the petitioner could not bring evidence on record on the date fixed. It has further been stated that suit against the petitioner is for possession and in case he is not able to conclude his evidence, the petitioner shall suffer an irreparable loss. A prayer has been made to grant one opportunity at the risk and responsibility of the petitioner to complete his evidence, may be subject to payment of costs.
(2.) This Court feels that the rules and procedures are handmaid of justice to enhance the same and not to subvert it. Their Lordships of Supreme Court in Sardar Amarjit Singh Kalra (dead) by LRs. And others v. Parmod Gupta (Smt.) dead) by LRs. And others (2003) 3 S.C.C. 272, in para 26 of the judgment had opined as under:- "Laws of procedure are meant to regulate effectively, assist and aid the object of doing substantial and real 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 meant to hamper the cause of justice or sanctify miscarriage of justice."
(3.) In view of the facts of the present case and ratio of the judgment referred to above, this revision petition is allowed, order under challenge is set aside and the trial Court is directed to grant one opportunity to the petitioner to complete his evidence on 16.2.2006. Order passed is subject to payment of Rs.3000/- as costs, which shall be paid by the petitioner to the respondent/plaintiff before the trial Court. It is made clear that if the petitioner fails to avail the opportunity granted by this Court, the revision petition shall be deemed to have been dismissed.;