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2017 Supreme(Raj) 1508
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
ALOK SHARMA, J.
Ganga Ram S/o Gorya - Petitioners
Versus
Assistant Engineer, Jaipur Vidhyut Vitran Nigam Ltd. - Respondents
S.B Civil Writ Petition No. 21758 of 2017
Decided On : 05-12-2017
For the Petitioner: Mr. Pradeep Singh.
Order 18 Rule 17 CPC cannot be used to fill up lacunae in evidence or to bring on record additional evidence.
Headnote:
Order 18 Rule 17 CPC - Application for Recalling Witnesses - The court dismissed the application under Order 18 Rule 17 CPC for recalling witnesses, holding that the provision cannot be invoked to fill up lacunae in evidence or to bring on record additional evidence.
Fact of the Case:
The plaintiff filed an application under Order 18 Rule 17 CPC to recall two witnesses after they did not support the plaintiff's case, claiming that certain documents came into his possession only after their examination.
Finding of the Court:
The court found that the provision under Order 18 Rule 17 cannot be invoked to fill up lacunae in evidence or to bring on record additional evidence. It held that the trial court did not exercise its discretion capriciously or perversely in dismissing the application.
Issues: Application under Order 18 Rule 17 CPC for recalling witnesses, discretion of the trial court in dismissing the application.
Ratio Decidendi: The court held that Order 18 Rule 17 CPC cannot be used to fill up lacunae in evidence or to bring on record additional evidence.
Final Decision: The petition for recalling the witnesses under Order 18 Rule 17 CPC was dismissed.
ALOK SHARMA, J.
1. Heard the counsel for the petitioner and perused the impugned judgment dated 03.11.2017 passed by the trial court dismissing an application under Order 18 Rule 17 CPC filed by the petitioner-plaintiff (hereinafter plaintiff).
2. A perusal of the judgment indicates that the plaintiff had moved an application under Order 16 Rule 1 read with Section 151 CPC for summoning of two witnesses Kishore Singh and Sheela. The said application was allowed and the said witnesses appeared. However they did not support the plaintiff's case albeit the plaintiff had opportunity to cross-examine them. Subsequently, the plaintiff filed an application under Order 18 Rule 17 CPC before the trial court to recall the said witness. The trial court has dismissed the said application holding that the plaintiff cannot use the said provision for filling up the lacunae which he might find in his evidence in the suit laid by him. It was for the plaintiff at the relevant time to re-examine his witnesses and therefore the said application under Order 18 Rule 17 CPC was liable to be dismissed. Counsel for the plaintiff submitted that it was only subsequent to the examination of Kishore Singh and Sheela as PW-3 and PW-4 that he came in the possession of the certain documents. He submitted that therefore in the interest of justice the trial court ought to have exercised its power under Order 18 Rule 17 CPC to recall the two witnesses for further examination.
3. I there for find no force in the contention of the counsel for the plaintiff that the provision under Order 18 Rule 17 can be invoked to fill up the lacunae in his evidence or to bring on record additional evidence.
4. I am of the considered view that the trial court has not exercised his discretion capriciously or perversely in dismissing the application under Order 18 Rule 17 CPC for recalling of the two witnesses as sought by the petitioner-plaintiff.
5. The petition is accordingly dismissed.
