JUDGMENT 1. - This writ petition is directed against order dated 19.8.2008 passed by the Civil Judge (JD) No. 1, Jodhpur in civil suit No. 157/06 whereby the plaintiffs-petitioners' evidence has been closed. 2. A perusal of the order impugned goes to show that the evidence has been closed by the learned trial court on the ground that even after several opportunities being granted, the plaintiff has failed to produce the evidence. The learned trial court has noticed that the issues in the matter were framed on 17.7.2007 and the matter was posted for plaintiff evidence on 13.8.2007. Thereafter, the matter was adjourned for plaintiff evidence on 10.9.2007, 16.10.2007, 17.12.2007, 2.2.2008, 11.3.2008 and 7.7.2008. Keeping in view the proviso to Rule 1ORDER17 CPC, which provides that no adjournment shall be granted by the court to the parties at any stage of the suit, more than three times, the learned trial court opined that no further opportunity can be granted to the plaintiff to lead his evidence. 3. A perusal of the order sheet placed on record goes to show that on 2.2.2008, 11.3.2008 and 7.7.2008, the presiding officer of the court was on leave. That apart, on 21.4.2008, the matter was adjourned on account of transfer of the, presiding officer, therefore, obviously on these dates, the plaintiff evidence could not have been recorded. Suffice it to say that on account of the plaintiff not producing the evidence on these dates, no prejudice whatsoever has been caused to the defendant. 4. It is settled law that the rules of procedure are hand maiden of justice and the same cannot be applied in a mechanical manner. If the substantial justice and the technicalities are. pitted against each other then, obviously, the cause of the substantial justice has to be preferred. On the facts and the circumstances noticed above, the learned trial court was not justified in closing the evidence of the plaintiff on the ground that he has failed to produce the evidence on the dates enumerated hereinabove. In considered opinion of this Court, in the interest of justice, the plaintiff petitioner deserves to be granted one more opportunity to produce his evidence before the learned trial court. 5. In the result, the writ petition succeeds, it is hereby allowed. Order impugned dated 19.8.2008 passed by the learned trial court closing the evidence of the plaintiff is set aside. 5. In the result, the writ petition succeeds, it is hereby allowed. Order impugned dated 19.8.2008 passed by the learned trial court closing the evidence of the plaintiff is set aside. The plaintiff is directed to produce his entire evidence on 17.11.2008. If for any unavoidable circumstances, the plaintiff evidence cannot be completed on the date fixed as aforesaid, it will be opened for the learned trial court to fix yet another date for the purpose. If the plaintiff fails to produce the evidence within the aforesaid time frame, his evidence shall stand closed.Writ Petition Allowed. *******