Order XVIII Rule 17 CPC Recall Applications Can’t Be Allowed Merely For Filling Lacuna In Cross-Examination
Case: Smt. Shashi Sehdev V. Sh. Narender Kumar Sharma
Coram: Justice C. Hari Shankar
Case No.: CM (M) 616/2022
Court Observation: “It seems that the learned counsel for the defendant cross-examined the witnesses on relevant aspects to the best of her understanding. The present application has been filed by the new counsel engaged by the defendant but simply because a new counsel has been engaged and the said counsel thinks otherwise about the quality of cross-examination conducted by the earlier counsel, it cannot be said that there is an valid and justifiable ground for recalling of the witnesses after such a long period. If such like requests are considered and allowed by the courts then there will be no end to the litigation.”
“The basic purpose of Order XVIII Rule 17 is to enable the court to clarify any position or doubt, and the court may, either suo motu or on the request of any party, recall any witness at any stage in that regard. This power can be exercised at any stage of the suit. No doubt, once the court recalls the witness for the purpose of any such clarification, the court may permit the parties to assist the court by examining the witness for the purpose of clarification required or permitted by the court. The power under Rule 17 cannot be stretched any further. The said power cannot be invoked to fill up omission in the evidence already led by a witness. It cannot also be used for the purpose of filling up a lacuna in the evidence.”
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