JUDGMENT : Ajay Mohan Goel, J. By way of this petition, petitioner has challenged order dated 01.03.2019, passed by the learned Court below, vide which an application filed by the present petitioner under Section 151 of the Code of Civil Procedure, who is defendant No. 1 before the learned Trial Court, with the prayer that he may be permitted to examine himself as a witness as inadvertently the same could not be done when he was leading evidence, stands dismissed by the learned Court below on the ground that said defendant had closed his evidence on 10.10.2017, and therefore, at the stage, when the application was filed, the same could not be allowed as it would tantamount to opening the evidence again. 2. Learned Senior Counsel appearing for the petitioner has argued that though as far as the factual matrix as is contained in the impugned order is concerned, there is no dispute qua that, however, it was sheer inadvertence on the part of the present petitioner that he did not enter the witness box. Learned Senior Counsel has further argued that bonafide of the petitioner can be ascertained from the other evidence led by him. He submits that in the peculiar facts of the case, petitioner be permitted to step into the witness box because the same will facilitate the adjudication of the lis in an effective manner and further it will not cause any prejudice to the plaintiff as he will have the opportunity cross examine the defendant. 3. I have heard learned Counsel for the parties and also gone through the impugned order as well as other documents appended with the petition. 4. Though the reasons as are spelled out in the impugned order as to why the application filed by the petitioner under Section 151 of the Code of Civil Procedure seeking permission to examine himself as a witness, was dismissed, cannot be faulted with, yet, there appears to be substance in the submission of learned Senior Counsel for the petitioner because after all procedure is there for the furtherance of delivery of justice and the same should not be permitted to throttle the wheels of justice. The prayer of the defendant is that as inadvertently he could not examine himself as a witness in support of his case when he was leading evidence, he may be granted one opportunity to do the needful. The prayer of the defendant is that as inadvertently he could not examine himself as a witness in support of his case when he was leading evidence, he may be granted one opportunity to do the needful. This prayer of his can be considered sympathetically because the same will not cause any prejudice to the plaintiff, as, but natural, defendant No. 1 cannot depose in excess to what has been pleaded by him before the learned Court below and the plaintiff will get an opportunity to cross examine him. 5. Accordingly, this petition is allowed by setting aside order dated 01.03.2019, passed by learned Civil Judge, Court No. 4, Hamirpur, District Hamirpur, H.P. in CMA No. 335/2018, filed in Civil Suit No. 53 of 2015, by directing the learned Court below to afford one opportunity to the present petitioner to examine himself as a witness subject to payment of cost to the tune of Rs.5,000/- to the plaintiff. It is clarified that only one opportunity shall be granted to the petitioner to examine himself as witness and in case he fails to avail said opportunity, then no further opportunity, in any circumstance, shall be granted to him by the learned Trial Court. It is further clarified that grant of opportunity to examine himself to defendant No. 1 shall be subject to first the petitioner paying the cost to the tune of Rs.5,000/- to the plaintiff. Only after said cost is paid by the petitioner/defendant No. 1 to the plaintiff by way of bank draft, learned Trial Court shall permit the petitioner to enter the witness box. Cost shall be paid to the plaintiff by defendant No. 1 on or before the next date of hearing. Petition stands disposed of in above terms, so also pending miscellaneous applications, if any.