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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Didar Singh – Appellant
Versus
Ripudaman Singh (Since Deceased) Through Lrs – Respondent
JUDGMENT :
Alka Sarin, J. (Oral)
Present revision petition has been filed challenging order dated 03.02.2025 whereby application filed by the petitioner (defendant No.5) under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 for recalling the witness PW-7 Dr. B.L. Goyal for further cross-examination, has been dismissed.
2. The brief facts relevant to the present lis are that the plaintiff- respondent No.1 filed a suit for declaration to the effect that he was owner in possession to the extent of 1/4th share of land as fully described in the plaint. Further challenge was to the sale deed executed by deceased - Harbans Kaur - in favour of defendant No.1 as also the sale deed executed by defendant No.4 being attorney of defendant No.2 in favour of defendant Nos.5 and 6. Dr. B.L. Goyal, retired Director, Mental Hospital as well as retired Principal, Government Medical College, Amritsar stepped into the witness-box as PW-7 on behalf of plaintiff-respondent No.1. He was examined on 15.01.2024 and was cross-examined through video conferencing on 09.07.2024 and 05.08.2024. On 05.08.2024 the cross-examination of the said witness was completed. Thereafter, an appli
The provisions of Order XVIII Rule 17 CPC are not intended to remedy omissions but to clarify existing evidence, emphasizing its cautious and discretionary use.
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 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 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 CPC is intended to clarify doubts and not to fill omissions in evidence or to allow for further elaboration on left-out issues.
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.
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