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2021 Supreme(P&H) 1746

ARUN MONGA
Sukhdev Singh – Appellant
Versus
Mann Singh Alias Gurnam Singh (Deceased) thr. Lrs. – Respondent


Advocates appeared:
For the Appellant :Mr. Varinder Kumar Sandhir Advocate

Judgment

Mr. Arun Monga, J.

Grievance of the petitioner, herein, is against an order dated 23.08.2021 passed by learned Civil Judge (Junior Division), Amritsar, whereby, an application moved by respondent-defendants for re-examination of their own witness/DW-4 has been allowed. Petitioner is aggrieved that the same has been allowed after the completion of cross-examination of DW-4 which was carried out on deferred dates and any further opportunity to re-examine the same witness would be sheer wastage of time.

2. Having heard the arguments of learned counsel for the petitioner, no grounds to interfere are made out.

3. The re-examination of the witness can be carried out by the trial Court on its own discretion at any stage of the trial, as is borne out from Order 18, Rule 17 of the Code of Civil Procedure, which is reproduced herein-below:-

“17. 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 questions to him as the Court thinks fit.”

4. Though the grievance herein is that it is not the Court which has summoned the witness on its own, but it

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