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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Jagwant Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
Judgment :
Virinder Aggarwal, J.
The present revision petition has been filed under Article 227 of the Constitution of India assailing the order dated 01.09.2025 (Annexure P-12) passed by learned Civil Judge (Senior Division), Bathinda, vide which, the application under Section 151 of Code of Civil Procedure (CPC) has been allowed. The order has been assailed on the grounds that the Court has not exercised the jurisdiction properly and that recalling a witness for further examination is not a matter of right but discretion vested in the Court to be exercised judiciously.
2. I have heard the arguments and gone through the file carefully.
3. Learned Counsel for the petitioner assails the order contending that it is settled law that recalling a witness for further cross-examination is not a matter of right but discretion vested in the Court to be exercised judiciously, to meet the ends of justice. Whereas, in the present case, the same has been exercised arbitrarily, so the impugned order is required to be set aside and petition may be allowed. On the contrary, learned counsel for the respondent argued that the Court below has exercised the jurisdiction vested in it properly and in the 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.
The authority to recall a witness for cross-examination after discharge is limited and must be justified; its misuse violates procedural law.
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 recall of a witness under Order XVIII Rule 17 should be for clarifying doubts and not to fill up any lacuna or omission in the evidence already recorded.
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 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....
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