L.N. Mittal, J.@mdashBy filing this revision petition under Article 227 of the Constitution of India, legal representatives of original plaintiff (since deceased) have assailed order dated 30.05.2013 passed by the trial court, thereby closing evidence of plaintiff by court order. On oral request of counsel for the petitioners, respondent no. 4 (since deceased) is deleted from the array of respondents because her legal representatives are already said to be on record.
2. I have heard counsel for the petitioners and perused the case file.
3. Counsel for the petitioners contended that only one more opportunity may be granted to the petitioners for their remaining evidence at own responsibility.
4. I have carefully considered the aforesaid prayer. Perusal of impugned order reveals that plaintiffs were granted seven effective opportunities in all for their evidence. According to Order 17 Rule 1 of the Code of Civil Procedure, only three opportunities are required to be given to a party for its evidence. However, the said provision, being rule of procedure, is directory and not mandatory and may be followed with some flexibility and not with extreme rigidity. In the instant case, initially some adjournments were sought by the plaintiffs on the ground that report from the Forensic Science Laboratory had not been received. It is stated by counsel for the petitioners that the said report has not yet been received, and therefore, after awaiting the said report for some dates of hearing, the plaintiffs led some of their evidence.
5. Keeping in view all the circumstances of the case and to meet the ends of justice, I am of the considered opinion that another opportunity may be granted to the petitioners for their remaining evidence at own responsibility, subject to payment of costs.
6. I intend to dispose of the instant revision petition without issuing notice to defendants-respondents so as to avoid further delay in disposal of the suit and also to save the respondents-defendants of the expenses they may have to bear in engaging counsel for the revision petition, if notice of the same is issued to them.
7. Resultantly, the instant revision petition is allowed. Trial court is directed to grant only one more opportunity to the petitioners for their remaining evidence at own responsibility, subject to payment of Rs. 7,500/- as costs precedent. The petitioners may seek assistance of the Court to summon their witnesses, but they shall be liable to lead their evidence at own responsibility and not more than one more effective opportunity shall be granted to the petitioners for their remaining evidence.
