Allowed

Avtar Singh v. Punjab State Civil Supplies Corp. Ltd. & Ors.

Punjab & Haryana HC19 May 2011CR/3322/2011

Case brief

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What is this about?

Avtar Singh filed a civil revision challenging an order closing his evidence after a remanded suit. The High Court granted an effective opportunity to conclude evidence subject to payment of Rs.20,000 costs, setting aside the impugned order.

What did the court decide?

Impugned order set aside; trial court directed to grant one opportunity to conclude evidence subject to payment of Rs.20,000 costs.

Avtar Singh Vs Punjab State Civil… — Civil Procedure and Limitation | Punjab & Haryana HC (2011)

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Civil Revision No. 3322 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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**Civil Revision No. 3322 of 2011 Date of Decision: 19.5.2011 *****

Avtar Singh

.. Petitioner

Vs.

Punjab State Civil Supplies Corporation Ltd. & Ors.

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.. Respondents

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CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR

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**Present:Mr. A.S. Manaise, Advocate for the petitioner. *****

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ARVIND KUMAR, J.

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The present petitioner is one of the defendants in the suit for recovery titled Punjab State Civil Supplies Corporation Limited Vs. Narinder Singh & Anr. He is aggrieved with order dated 29.3.2011 by dint of which his evidence has been closed by order of the Court.

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Heard.

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The only argument addressed by learned counsel for the petitioner is that the present case was remanded by the learned District Judge, Ferozepur on 15.9.2010 and thereafter five opportunities were availed and not 20, as has been observed in the impugned order. A request has been made for granting one opportunity to conclude the evidence, may be subject to payment of costs.

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Rules and procedure are handmaid of justice. These are meant to enhance the cause of justice and not to scuttle the same. Their Lordships of the Supreme Court in Sardar Amarjit Singh Kalra (dead) by LRs and Ors. Vs. Parmod Gupta (Smt.) (dead) by LRs and Ors. 2003(3) SCC 272, in para 26 of the judgment had opined as under:-

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“Laws of procedure are meant to regular 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

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Civil Revision No. 3322 of 2011

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and other laws. Procedure has always been viewed as the handmaid of justice and not to hamper the cause of justice or sanctify miscarriage of justice.”

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Accordingly, this revision petition is allowed and order, under challenge, is set aside. The trial court is directed to grant one effective opportunity to the petitioner subject to payment of costs of Rs.20,000/-, out of which Rs.10,000/- shall be deposited with the District Legal Aid Fund of the District concerned while an amount of Rs.10,000/- shall be paid to the plaintiff Punjab State Civil Supplies Corporation Limited. In case the cost is not paid on the next date of hearing fixed before the learned trial Court, the instant petition shall be deemed to have been dismissed.

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Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party . If respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same.

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(ARVIND KUMAR) JUDGE

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May 19, 2011 Jiten

Avtar Singh v. Punjab State Civil Supplies Corp. Ltd. & Ors.

Case brief

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Avtar Singh v. Punjab State Civil Supplies Corp. Ltd. & Ors.

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