Civil Procedure Code, 1908

O.17, R.1--Closing evidence by Court order--Proviso of order 17 Rule 1 lays down that not more than three opportunities should be granted to party to lead evidence, yet aforesaid rule of procedure cannot be said inflexible or mandatory--Defendants granted 4 opportunities for their evidence before closing evidence by order of Court--Held; that end of justice would be met if one more opportunity is granted to lead evidence at his own responsibility subject to payment Rs.5000/- as cost because otherwise impugned order would be very harsh on petitioner as it would be a case of no evidence led by defendants.; Puran Chand alias Raju v. Gopal Krishan & Ors., ; 2010(1) Law Herald (P&H) 878