Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ms Justice B.S.Bhanumathi, J
Vitta Kristappa(died) rep. by LRs – Appellant
Versus
E. Guru Reddy – Respondent
ORDER :
(B.S. BHANUMATHI, J.)
The revision petition is filed by the respondents Nos.2 to 6 / plaintiffs No.2 to 6 under Article 227 of Constitution of India against the order dated 20.12.2024 allowing I.A.No.222 of 2024 in O.S.No.4 of 2011, on the file of the Court of II Additional District Judge, Kurnool at Adoni, filed under Order XVIII, rule 17 C.P.C r/w Section 151 C.P.C to recall PW2 to PW4 for the purpose of cross-examination on behalf of the defendant No.40.
02. The respondents No.1 to 6 / plaintiffs filed suit for declaration of title over the schedule property by nullifying sale deeds executed by the defendant No.1 in favour of the defendants Nos.2 to 20. The defendants are contesting the suit on various grounds.
03. The case of the petitioner / defendant No.40 in I.A.No.222 of 2024 is briefly as follows:
The petitioner purchased a plot from the legal heirs of the defendant No.2 without knowing the pendency of the case as his vendors are not parties to the suit. Subsequently, the petitioner filed an application to implead him as a party to the suit. During the pendency of the said application, the plaintiffs filed an application to implead the legal representatives of the defen
The right to cross-examine witnesses is fundamental, and the court may allow recall of witnesses if necessary to test the veracity of evidence.
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.
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....
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....
The power under Order XVIII Rule 17 CPC should be sparingly used in exceptional circumstances and only if there are valid and sufficient reasons for the recall of witnesses. Costs should be imposed t....
The authority to recall a witness for cross-examination after discharge is limited and must be justified; its misuse violates procedural law.
The court's discretionary power to recall witnesses under Section 151 of CPC must be exercised judiciously to ensure justice is served, particularly when new evidence is presented.
The court emphasized that powers under Order 18, Rule 17 CPC cannot be used to fill omissions in previously recorded witness evidence, reaffirming its intended use for clarification only.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
