JUDGMENT :

KURIAN, J.

Leave granted.

2. Whether a witness can be recalled under Order 18 Rule 17 of The Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’) for further elaboration of aspects left out in evidence already closed, is the issue for consideration in this case.

3. There are two suits filed by the respective parties and pending before the Tis Hazari Courts at Delhi. Civil Suit No. 43 of 2009 was filed by the respondents herein for declaration and injunction in respect of the plaint schedule property. In respect of very same property, the appellant herein also filed a suit seeking permanent injunction and that suit has been numbered as Civil Suit No. 44 of 2009. The suits were consolidated for common trial, on joint request, by order dated 08.12.2007. Suit No. 43 of 2009, with the consent of the parties, was ordered to be tried in the court where Suit No. 44 of 2009 was pending by order dated 26.09.2005 of the District Judge, Delhi. Much before that, evidence in Civil Suit No. 44 of 2009 had commenced and the appellant herein had been examined as PW-1 and the respondents herein had cross-examined PW-1 as well. That evidence was closed on 16.04.2005. After the