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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Bhimsen Ojha – Appellant
Versus
Samuel Devashish James – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's orders (Para 1 , 2) |
| 2. arguments against recalling witnesses (Para 4 , 5) |
| 3. court's lack of legal basis for ruling (Para 6 , 9 , 10) |
| 4. court's power to recall witnesses (Para 7 , 8 , 11) |
| 5. final decision to allow c.m.p and set aside orders (Para 12 , 13) |
JUDGMENT :
1. The Petitioners, who are the plaintiffs in C.S. No.793/2017 pending in the Court of learned Civil Judge (Sr. Division), 4th Additional Court, Cuttack have filed the present application under Article 227 of the Constitution of India seeking to challenge the orders dtd. 06.12.2023 and 24.1.2024 passed in the said case.
3. Heard Mr. S. Dash (A), learned counsel for the plaintiff-petitioners. Despite valid service of notice, there was no appearance from the side of the defendants. As such, this Court requested Mr. A.R.Dash, learned counsel to assist the Court as Amicus Curiae to which he consented and made submissions.
5. Mr. Dash, learned Amicus Curiae, submits that after amendment of the C.P.C. in 2002 by way of deletion of the provision under Order XVIII Rule 17-A, the scope of recalling a witness for cross-examination has become very limited. Referring to the position of law Mr
The authority to recall a witness for cross-examination after discharge is limited and must be justified; its misuse violates procedural law.
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 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 power to recall witnesses under Order 18 Rule 17 CPC is to clarify ambiguities, not to fill evidentiary gaps, and should be exercised sparingly.
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 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 court's discretionary power to recall witnesses under Section 151 of CPC must be exercised judiciously to ensure justice is served, particularly when new evidence is presented.
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