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2006 DIGILAW 728 (PNJ)

Municipal Corporation v. Savitri Devi

2006-02-27

JASBIR SINGH

body2006
Judgment 1. Vide order under challenge, evidence of the petitioner was closed by order. Its counsel contends that the suit is for permanent and mandatory injunction and if it is not allowed to complete its evidence, an irreparable loss shall be caused. Counsel further contends that the trial is now fixed for March 8, 2006, and the petitioner shall produce its entire evidence, in Court, on the date fixed, at its own risk and responsibility. 2. Counsel prays that may be subject to payment of costs, one opportunity may be granted to the petitioner to conclude its evidence. Rules and procedure are handmaid of justice. These are meant to enhance its cause and not to scuttle the same. Their lordships of the Supreme Court in Sardar Amarjit Singh Kalra (dead) by L. Rs. and others V/s. 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:- "laws of procedure are meant to regulate 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 and other laws. Procedure has always been viewed as the handmaid of justice and not meant to hamper the cause of justice or sanctify miscarriage of justice. " 3 View extracted above, was reiterated by their Lordships of the Supreme Court in N. Balajit V/s. Virender Singh and others, (2004)8 supreme Court Cases 312, wherein after noting ratio of the judgment, referred to above, in para 10 of the judgment, it was observed that the procedure would not be used to discourage the substantial and effective justice but would be so construed as to advance the cause of justice. 4. In view of facts of this case and ratio of judgments in the aforesaid cases, this revision petition is allowed and impugned order is set aside. Trial Court is directed to give one more opportunity to the petitioner to complete its evidence on March 8, 2006, at its own risk and responsibility. It is made clear that if the petitioner fails to avail this opportunity, this revision petition shall be deemed to have been dismissed. This order is subject to payment of Rs.4,000/- as costs , which shall be paid by the petitioner to the respondent on the date fixed before the trial Court. It is made clear that if the petitioner fails to avail this opportunity, this revision petition shall be deemed to have been dismissed. This order is subject to payment of Rs.4,000/- as costs , which shall be paid by the petitioner to the respondent on the date fixed before the trial Court. Commissioner, Municipal Corporation, ludhiana, is directed to recover the said amount from the officer, who was responsible in not producing the evidence in Court on the date fixed. At this stage, no notice is being issued to the opposite party, because if the respondent is summoned to contest this litigation, it may involve huge expenditure and unnecessary harassment and delay of proceedings. This view finds support from a Division Bench judgment of this Court in C. W. P. No.9563 of 2002 (Batala Machine Tools workshop Co-Op. Vs. Presiding Officer, Labour Court, Gurdaspur), rendered on June 27, 2002, in which it was held as under: "we are conscious of the fact that the instant order is detrimental to the interest of the respondent- workman. We are also conscious of the fact that no notice has been given to the respondent workman before the instant order has been passed. The reason for not issuing notice to the respondent workman is to ensure that he does not have to incur unnecessary expenses in engaging counsel to appear on his behalf in this Court. The instant order by which the present petition is being disposed of fully protects the interest of the respondent -workman inasmuchas the amount determined by the Labour Court, Gurdaspur by its order dated 22.5.2002 has been required to be deposited by the petitioner Management before the Labour Court/labour-cum-Conciliation Officer, Gurdaspur. " Libery is granted to the respondent to get this revision petition revived, if she feels dissatisfied.