Honble YAMIN, J.–This is a revision against the order of learned Additional District Judge No.2, Jodhpur dated 22.8.98 by which he allowed an application of the plaintiff Bank to resummon PW-2 Utsav raj Bhandari and PW-3 Manak Chand Jain in order to prove certain documents which were left unexhibited because of lapse on the part of the advocate of plaintiff.

(2). I have heard the learned counsel for the petitioner and perused the order as well as application of the plaintiff.

(3). Learned counsel for the petitioner submitted that according to Order 18 Rule 17 CPC a witness cannot be recalled to fill up lecuna. He submitted that an application under Order 18 Rule 17 CPC was moved with an oblique motive to pro- long the case as other witnesses were not present and the evidence of the plaintiff was likely to be closed. He relief on Steelage Industries Limited and another vs. Smt. Chander Bagai (1). He also cited Ram Sahai vs. Kuberdan (2) and Shyamapada Neogy vs. Asoke Kr. Biswas and others (3). He submitted that the witnesses have been cross examined and the case of the defendant has been put to them and in case these witnesses are recalled to prove some other documents, the witnesses

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