Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN
Baby Joseph, S/o. Late V.C. Joseph – Appellant
Versus
C.K. Babu, S/o. Kunchu – Respondent
| Table of Content |
|---|
| 1. suit facts and trial proceedings leading to recall application. (Para 5 , 6) |
| 2. parties' contentions on witness recall and delays. (Para 7 , 8 , 9 , 11) |
| 3. limits of order 18 rule 17; upholding trial discretion. (Para 13) |
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
This original petition is filed challenging Ext.10 order passed by the Court of the Subordinate Judge, Thodupuzha in I.A. No. 56 of 2025 in O.S. No. 46 of 2010. The suit is filed by the petitioner and respondents 4 to 8 herein for declaration and recovery of possession.
2. According to the plaintiffs, the suit property belonging to them was purported to have been sold in favour of defendants 2 to 4 (respondents 1 to 3) on the strength of a forged power of attorney executed by fraud and impersonation. Later, the defendants 2 to 4 sold the property to additional defendants 6 to 9 (respondents 11 to 14).
3. The suit was included in the additional list for trial on 24.07.2024. On 24.07.2024, the petitioner herein was examined as PW1 in part and Exts. A1 to A34, C1, C1(a), C2 and C2(a) were marked. Defendants 2 to 4 filed I.A No. 46 of 2024 seeking time for cross-examination of PW1 by additional defendants 6 to 9. The sai
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 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 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....
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 right to effective cross-examination is fundamental to a fair trial, and parties must be given adequate opportunities to present their defenses, particularly when prior cross-examinations were in....
The power to recall witnesses under Order 18 Rule 17 CPC is to clarify ambiguities, not to fill evidentiary gaps, and should be exercised sparingly.
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
