JUDGMENT 1. - This writ petition is directed against order dated 18.09.08 passed by the Additional District Judge (FT) No. 2, Bhilwara, in civil original case No. 37/07, whereby the plaintiff-petitioner's evidence has been closed. 2. A perusal of the order impugned goes to show that the evidence of plaintiff, except for witness P.W. 2 Ramgopal, was closed by the learned trial court vide order dated 14.08.08. Even, on 18.09.08, the plaintiff did not disclose the names of the witnesses to be produced. Precisely, the evidence has been closed by the learned trial court on the ground that even after opportunities being granted, the plaintiff has not produced his witnesses for examination. 3. It is true that as per Order 17, Rule 1 of CPC, no adjournment shall be granted by the court more than three times to a party during the hearing of the suit. But then, 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. 4. On the facts and circumstances of the case, in considered opinion of this court, in the interest of justice, the plaintiff deserves to be granted one more opportunity to produce all his witnesses. 5. In the result, the writ petition succeeds, it is hereby allowed. Order impugned dated 18.09.08 passed by the learned trial court closing the plaintiff's evidence is set aside. The plaintiff is directed to produce all his witnesses before the learned trial court for examination on 15.01.09. If for any unavoidable circumstances, the plaintiff's evidence remains incomplete on the date fixed as aforesaid, it will be open for the learned trial court to fix yet another date for the purpose. If the plaintiff fails to produce the witnesses for examination before the learned trial court on the date fixed as aforesaid, his evidence shall stand closed. The defendant shall be entitled for cost from the plaintiff, quantified at Rs. 3,000/-.Writ Petition Allowed. *******