GHUDHU RAM Vs. GURJANT SINGH

JUDGEMENT

(1.) Vide order under challenge, evidence of the petitioner/claimant was closed. Counsel for the petitioner states that petitioner needs only one opportunity to complete the evidence and if he is not allowed to do so his claim application is likely to be dismissed. It has further been stated that due to some communication gap with the counsel, he failed to produce the witness in Court. It has further been stated that the petitioner needs only one opportunity to conclude his evidence.

(2.) This Court feels that present is a case where one more opportunity can be granted to the petitioner. Rules and Procedure 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 L.Rs And others vs. Parmod Gupta (Smt.) (dead) by L.Rs. And others (2003) 3 S.C.C. 272, in para 26 of the judgment had opined as under:-

(3.) In view of the judgment referred to above and facts of this case, this revision petition is allowed and order under challenge is set aside.