What is the test to recall a witness or admit additional documentary evidence under Order XVIII Rule 17 and Order VII Rule 14 read with Section 151 CPC? What are the proper limits and consequences of invoking Section 151 CPC and recall/apply for additional evidence after final arguments and judgment reserved? What determines whether a trial court may permit reproduction of documents not produced earlier to fill lacunae in pleadings and evidence?

Key Points: - The judgment discusses recall of witnesses under Order XVIII Rule 17 CPC and the cautious use of this power, limiting it to clarifying evidence, not filling lacunae. (!) (!) (!) - It analyzes the interplay of Order VII Rule 14 CPC (production of documents) and the need for documents to be produced in the plaint, with non-production generally not allowed without leave. (!) (!) (!) (!) - It emphasizes Section 151 CPC inherent powers to prevent abuse of process and to ensure ends of justice, but cautions against routine or belated attempts to introduce new documents or recall witnesses, especially after final arguments and judgment reserved. (!) (!) (!) (!) - It cites Vadiraj Naggappa Vernekar and Velusamy decisions to illustrate limited, justified use of recalle/late evidence, including costs and time-bound qualification. (!) (!) (!) (!) - It holds that the plaintiff cannot be permitted to file belated applications to fill its own lacunae when documents were available during trial and were not produced, and thus the High Court’s reversal was incorrect. (!) (!) - The trial court’s decision to dismiss the applications was restored, and the appeal was allowed with no costs. (!) (!)

What is the test to recall a witness or admit additional documentary evidence under Order XVIII Rule 17 and Order VII Rule 14 read with Section 151 CPC?

What are the proper limits and consequences of invoking Section 151 CPC and recall/apply for additional evidence after final arguments and judgment reserved?

What determines whether a trial court may permit reproduction of documents not produced earlier to fill lacunae in pleadings and evidence?