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M. SEETHARAMA MURTI
YETRINATHALA SUBBULU NAIDU – Appellant
Versus
ALA NIRMALA – Respondent
ORDER :
M.Seetharama Murti, J.
These two revision petitions, under Article 227 of the Constitution of India, are filed by the unsuccessful petitioners – plaintiffs, having been aggrieved of the common order, dated 06.06.2019, of the learned III Additional District Judge, Guntur, passed in IA.nos. 439 & 438 of 2019 in OS.no.62 of 2007 respectively filed for reopening of the evidence of the defendants and recall of DW1 for further cross examination after confronting to her, her deposition in OS.no.26 of 2009 on the file of Senior Civil Court, Kavali.
2. I have heard the submissions of learned counsel appearing for the revision petitioners -plaintiffs [‘plaintiffs’, for brevity]; and, of the learned counsel appearing for the 1st respondent – 1st defendant [‘1st defendant’, for brevity]. Respondents 2 to 7 are stated to be not necessary parties. I have perused the material record.
3. The case of the plaintiffs in support of the aforesaid requests is this: -‘They filed the suit for declaration of titles and consequential perpetual injunctions in respect of the plaint schedule properties. The 1st defendant was examined as DW1 in the present suit. She was cross examined. She figured as a witn
The court's discretion to recall witnesses and reopen evidence exists to clarify contradictions rather than fill evidence gaps, ensuring justice and preventing abuse of the process.
The Court ruled that reopening witness evidence for cross-examination under CPC Order XVIII Rule 17 is permissible only to clarify ambiguities, not to fill evidence gaps after closure, and subsequent....
The inherent power of the court under Section 151 of CPC can be invoked to reopen evidence for the ends of justice, and the provisions of Order 18 Rule 17 CPC should be used to clarify ambiguities in....
The power to recall a witness under Order 18 Rule 17 CPC is intended to clarify doubts and not to fill omissions in evidence or to allow for further elaboration on left-out issues.
Power to recall any witness under Order 18 Rule 17 of CPC can be exercised by Court not to fill up lacunae in evidence of witness which has already been recorded but to clear any ambiguity that may h....
Recall of witness – Section 138 of N.I. Act permits re-examination of witnesses but it cannot be exercised to the extent of taking away effect/withdraw any statement made during examination/cross-exa....
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