The power to recall and re-examine a witness is exclusively with the trial court, and such power should be exercised in exceptional circumstances.

This revision petition is listed today for admission and I heard the learned counsel for the petitioner.

2. The first defendant in O.S. No. 27 of 2004 on the file of Principal District Judge, Erode is the revision petitioner herein. The respondent herein has filed the said suit for setting aside the sale deed dated 110. 1998, executed in favour of the petitioner herein pertaining to A-Schedule property and the sale deed dated 010. 1998 executed in favour of the 4th defendant pertaining to item 1 of B Schedule property and the sale deed dated 110. 1998 in favour of the 4th defendant in respect of item No.2 of the B Schedule Property and for damages.

3. On earlier occasion, this Court, while disposing of the Civil Miscellaneous Appeal, directed the trial court to dispose of the suit within a period of six months. The respondent herein had examined six witnesses on his side including PW6, who is the Bank Official. The petitioner herein has filed I.A. Nos. 770 and 771 of 2007 for reopening PW6s evidence and recall PW6 respectively for cross-examination by the petitioner and the said IAs were dismissed by the order dated 28.09.2006, which is challenged in these civil revision petitions.

.4. The learned counsel for the petitioner Mr. A.K. Kumarasamy has submitted that the petitioner all along co-operating with the Court, keeping in mind that the suit was directed to be disposed of within a period of six months, however, while cross-examining PW6, the petitioner failed to elicit certain facts, which are essential for disposal of the said suit and hence, the said IAs were filed and that the court below erroneously dismissed the same on the ground that already this Court fixed six months period for disposal of the said suit and sufficient opportunity was given to the petitioner for cross-examination of PW6 and hence, the prayer as sought for cannot be accepted and prayed for setting aside the same.

.5. Order 18 Rule 17 of CPC contemplates as under:-

.“Court may recall and examine witness:- The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such question to him as the Court thinks fit.”

6. The power of the Court under this Rule is discritionary, but it ought to be exercised with greatest care only in exceptional circumstances. In this case, the petitioner has mentioned in the affidavit filed in support of the said I.A.s that he failed to put certain important questions TAMIL and hence to re-open the evidence of PW6 and recalling him are necessarily required. The court below found that the petitioner was given sufficient opportunity and hence, it is unwarranted to re-open the evidence and recall the witness, as required by the petitioner herein.

7. When a witness was cross-examined at length and no request has been made to defer further cross-examination, later a request is made for further cross-examination of a witness, refusing the same is justified. Moreover, the power of the Court under Order 18 Rule 17 CPC to recall and examine a witness at any stage of the suit is to be exercised in exceptional circumstances. Where no exceptional circumstances have been made out and unless the reason given by the trial judge could be described as moon shine, flimsy or irrational stemmed from any oblique motive or purpose, the rejection of the application cannot be called as non-judicial approach and the High Court cannot interfere. In this context, we look into Section 165 of the Evidence Act, which is as follows:-

"165. Judges power to put questions or order production.- The Judge may, in order to discover or obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or of the parties, about any fact relevant or irrelevant; and may order the production of any document or thing; and neither the parties nor their agents shall be entitled to make any objection to any such question o