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M. SEETHARAMA MURTI
YETRINATHALA SUBBULU NAIDU – Appellant
Versus
ALA NIRMALA – Respondent
| Table of Content |
|---|
| 1. basis for reopening evidence and cross-examination. (Para 1 , 3) |
| 2. arguments regarding contradictory witness testimonies. (Para 2 , 4 , 6 , 7) |
| 3. court's analytical observations on witness recall. (Para 5 , 8 , 9 , 10) |
| 4. conditions for exercising the power to recall witnesses. (Para 11) |
| 5. final decision to allow reopening of evidence. (Para 12 , 13) |
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
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....
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