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DELHI HIGH COURT
C.HARI SHANKAR
Harpreet Singh Batra – Appellant
Versus
Karmawali – Respondent
| Table of Content |
|---|
| 1. court allows reopening evidence for cross-examination (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 10 , 12) |
| 2. arguments regarding necessity of recalling dw-3 (Para 9 , 13 , 14 , 17 , 20) |
| 3. court's analysis of recall power limitations (Para 15 , 18 , 21 , 22) |
| 4. legal standards for recalling witnesses clarified (Para 16 , 19 , 24 , 25) |
| 5. final order dismissing recall application (Para 23 , 26) |
C. Hari Shankar, J.
1. The impugned order dated 5th October 2021, passed by the learned Additional District Judge ("the learned ADJ") in CS 7298/2016 (Karmawali & Anr. v. Harpreet Singh Batra & Ors.) allows an application preferred by the respondents (the plaintiffs before the learned ADJ) for reopening of the evidence of DW-3, specifically for the purpose of enabling the respondents to further cross-examine DW- 3.
2. Given the nature of the controversy, it is not necessary to refer to the factual matrix in which the disputes between the parties arose. One may start the recital of facts, therefore, with 23rd May 2007, when issues were framed in CS 7298/2016, in which the petitioner was the defendant and the respondents were the plaintiffs.
3. Thereafter, recording o
The inherent power under Section 151 CPC cannot be utilized to recall witnesses solely to fill gaps in prior evidence; it requires clear justification based on necessity and cannot substitute for ade....
Order 18 Rule 17 CPC enables Court to recall any witness to clarify any doubts which it may have with regard to evidence led by parties.
The main legal point established in the judgment is that the powers under the Code of Civil Procedure, particularly the power of recall under Section 151, should be exercised sparingly and under exce....
The recall of a witness under Order XVIII Rule 17 should be for clarifying doubts and not to fill up any lacuna or omission in the evidence already recorded.
The power to recall a witness under Order 18 Rule 17 is discretionary and should not be used to exploit evidentiary gaps; it must prioritize justice and not disrupt trial proceedings.
The power under Order 18 Rule 17 CPC to recall a witness is intended only for the Court to clarify specific doubts or ambiguities in evidence; it cannot be exercised routinely, nor should it be utili....
The right to lead evidence is pivotal to a fair trial and partakes of the character of natural justice and fair play. The recall of a witness under Order XVIII Rule 17 should be for clarifying any do....
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