Closing of Evidence–Justification–Trial Court rejected the prayer for opening of the evidence on the ground that the provisions of Order 18, Rule 17 are not applicable in the instant case–Mere non-mentioning of a correct provision is not fatal to an application, if the power is available with the Court –Witnesses were present before the Court but their attendance was not marked and later on, the evidence of petitioners was closed–Impugned order quashed and set aside and petitioners are permitted to produce their evidence subject to the cost of Rs. 20,000/-.
