JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. In an Election petition, an application purported to be in terms of Order XVI Rule 3 of the Code of Civil Procedure, 1908 (in short the Code ) was filed. The prayer was to recall PW-31- Surinder Pal Singh for the purpose of confronting him with the judgment already passed in a different case. The application was rejected by a learned Single Judge of the Punjab and Haryana High Court on the ground that a witness cannot be confronted with the judgment in which there is a reference to the previous statement. It was further held that it would not be in the interest of justice to recall a witness again and again.

3. Mr. Ranjit Kumar, learned senior counsel appearing for the appellant submitted that though the application was styled as one under Order XVI Rule 3, but in essence it was a petition under Order XVIII Rule 17 of the Code and therefore, the prayer should have been accepted. It was also submitted that the view taken by the High Court is not correct in law.

4. Mr. K.G. Bhagat, learned counsel appearing for respondent No.1 submitted that when a petition was filed under Order XVI Rule 3 of the Code, it is not open to the appellant to stat