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S. G. PANDIT
P. Anandan – Appellant
Versus
S. Shivaraja – Respondent
ORDER :
(S.G. Pandit, J.)
Heard learned counsel Sri H.S.Dwarakanth for Sri Vivek M.S., learned counsel for the petitioner/defendant No.1 and Sri M.Erappa Reddy, learned counsel for caveators/respondents-1 and 2, plaintiffs before the trial Court in O.S.No.8484/2016.
2. The learned counsel for petitioner/defendant No.1 would submit that the suit is one for declaration, possession and damages. After completion of the plaintiffs' evidence, when the matter stood at the stage of defendants' evidence, defendant No.1-petitioner herein filed I.A.Nos.10 and 11 under Section 151 of CPC to recall the order dated 12.04.2023 closing the plaintiffs' side evidence and to reopen for cross-examination of PW1 and also an application under Order 18 Rule 17 read with Section 151 of CPC to reopen the plaintiffs' side evidence for further cross-examination.
3. Sri H.S.Dwarakanath, learned counsel for the petitioner would submit that the petitioner/defendant No.1 intends to further cross-examine PW1 on the procedural aspect fixed by the vendor of the plaintiffs on various acts at the time of execution of sale deed. It is submitted that the said aspect came to the knowledge of the defendant No.1 on concl
The court upheld the importance of allowing defendants to recall and reopen cross-examination to ensure fair trial, despite procedural timelines or prior judgments in clubbed cases.
The court affirmed the right to further cross-examine a witness under specific conditions, emphasizing adherence to procedural timelines to prevent delays in the resolution of cases.
The right to cross-examine witnesses is essential for a fair trial, and courts should allow reopening of cases when significant rights are at stake.
The provision under Order 18 Rule 17 CPC is not intended to fill up lacunae, and repeated applications for recall of the same witness for further cross-examination would not be maintainable.
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.
Fairness in legal proceedings mandates allowing cross-examination opportunities, especially when a party lacks legal representation, ensuring justice is served.
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