Perusal of the zimni orders of the trial court, as reproduced in the affidavit placed on record, reveals that petitioners were granted at least 16 effective opportunities for their evidence. It is also worth mentioning that after availing 09 opportunities for their evidence, the defendants moved application for secondary evidence of the Will, although such an application should have been moved at the initial stage, when the case was fixed for evidence of the defendants for the first time. However, even after the said application was allowed, the defendants were granted 07 more opportunities for their evidence. In all, petitioners have been granted 16 opportunities for their evidence. Order 17 Rule 1 of the Code of Civil Procedure (in short – CPC) stipulates grant of only three opportunities to a party for its evidence. The said provision being rule of procedure, is directory and not mandatory and is, therefore, followed with some flexibility and not with extreme rigidity. However, even the flexible approach would not help the petitioners in the instant case because they have already been granted over indulgence by the trial court by granting as many as 16 opportunities for their evidence. The aforesaid provision has been introduced with salutary motive of expeditious disposal of the cases and to curtail delay in disposal
