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TUSHAR RAO GEDELA
Chandan Aggarwal – Appellant
Versus
Kundan Lal Gera – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. By way of the present petition, the petitioner challenges the order dated 14.11.2018 passed by the learned Trial Court in CS No. 12085/2016 titled as "Kundan Lal Gera & Anr. vs. Chandan Aggarwal", whereby the request of the petitioner to recall PW-1 for re-calling and for re-examination was rejected.
2. Mr. Pramod Kumar Ahuja, learned counsel for the petitioner submits that the official witness of the DDA had brought certain documents, which were stated to be correspondences exchanged between the petitioner and DDA and certain information relevant to the issue in the suit arose therefrom requiring re-examination of PW-1.
3. Mr. Mahindro, learned counsel appearing for the respondents/plaintiff drew the attention of this Court to the reply filed to the application under Order 16 of the CPC, 1908, which is at page 359 of the present petition, wherein the petitioner got himself impleaded to submit that the petitioner had complete knowledge of the proceedings and the correspondences which are being complained of now and as such is precluded now from raising such issues.
4. Mr. Mahindro, le
The court has the discretion to allow the recall of a witness for examination on restricted issues based on new information brought to light during the proceedings.
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 consent of the prosecutrix for cross-examination and the interest of justice influenced the court's decision to grant the petitioner an opportunity for cross-examination of witnesses.
Recall of witness under Section 311 Cr.P.C. not allowed without new documents after lengthy cross-examination.
The duty of the court is to take necessary steps to get to the truth of the matter and decide cases based on relevant material, while cautioning against routine use of the power to recall witnesses a....
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