VIKRAM @ VICKY Vs. GURDIAL SINGH

JUDGEMENT

(1.) DEFENDANT /Petitioner has filed the instant revision petition under Article 227 of the Constitution assailing the order dated 10.1.2011 (P1) whereby cross examination of Defendant/Petitioner and one witness namely Malkiat Singh, on behalf of the Petitioner was treated nil, as well as the order dated 23.2.2011 whereby the application moved by the Defendant/Petitioner for recalling said order dated 10.1.2011 was dismissed.

(2.) RESPONDENT /Plaintiff filed a suit for recovery of Rs. 3,95,912/ - against the Petitioner/Defendant The Petitioner is contesting the suit and is being represented by a counsel. On 10.1.2011 Respondent/Plaintiff Gurdial Singh and one witness namely Malkiat Singh were present for their cross examination, however, as the counsel for the Petitioner/Defendant was out of station, proxy counsel for the Petitioner/Defendant made a request for adjournment. The prayer made on behalf of the Petitioner was not acceded to and the cross examination of aforesaid two witnesses on behalf of Petitioner/Defendant was treated as nil vide order dated 10.1.2011. Thereafter, the Petitioner moved an application for recalling the said order dated 10.1.2011, which too was dismissed by the ld. trial court.

(3.) AFTER hearing the learned Counsel for the Defendant/Petitioner I deem it just and expedient in the interest of justice, to grant one last opportunity to the Defendant/Petitioner to cross examine the aforesaid two witnesses on a date to be fixed by the trial court, as it is well settled principle of law that rules of procedure are handmaids of justice meant to serve the cause of justice and not to impede the same.