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S. SOUNTHAR
V. Janakiammal – Appellant
Versus
Ganesa Udaiyar – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 11.10.2018 in I.A.No.347 of 2018 in O.S.No.96 of 2016, on the file of the District Munsif Court, Vaniyambadi and allow the above Civil Revision Petition.)
1. The Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the petition filed by the petitioners/plaintiffs seeking to call Revenue Divisional Officer, Tirupathur, as a Court witness to enable the petitioners to cross examine them with regard to some of the documents filed by the petitioners as exhibits. The petitioners herein filed a suit against the respondents for declaration that the order passed by 8th respondent herein granting patta No.93 in favour of respondents 3 to 5 as null and void and for other incidental reliefs. The witness sought to be summoned by the petitioners for cross examination is the 7th defendant in the suit. The petitioners/plaintiffs already marked certain documents relating to the proceedings of the 7th respondent as Exs.A6, A7, A9, A10, A12, A18 to A23. In order to the cross examine the 7th respondent with regard to
The power to summon a witness as a court witness under Order XVI Rule 14 of CPC should be exercised by the court based on its satisfaction, and the dismissal of a petition would not cause any serious....
A party cannot be compelled to testify against their own interests, and the court must exercise discretion in allowing the summoning of witnesses, particularly when there is a conflict of interest.
A party may be permitted to recall a witness for cross-examination if circumstances change and it is essential for proper defense.
The court emphasized that powers under Order 18, Rule 17 CPC cannot be used to fill omissions in previously recorded witness evidence, reaffirming its intended use for clarification only.
The main legal point established in the judgment is that the Code of Civil Procedure, 1908 does not permit calling the other party to the suit only for the purpose of cross-examination and condemns t....
The power under Order XVIII Rule 17 CPC should be sparingly used in exceptional circumstances and only if there are valid and sufficient reasons for the recall of witnesses. Costs should be imposed t....
The main legal point established is that the procedural rules governing witness examination, specifically Order XVIII Rule 4 C.P.C. and Sections 137 and 138 of the Indian Evidence Act, 1872, do not p....
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