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AMIT BANSAL
Capitol Art House (P) Ltd. – Appellant
Versus
Neha Datta – Respondent
JUDGMENT (ORAL)
Amit Bansal, J.—This matter has been listed on office noting pursuant to the proceedings before the Local Commissioner on 20th May, 2022 appointed by this Court for recording of evidence.
2. The present suit has been filed seeking to, inter alia, injunct the defendants/occupants from unlawfully entering any part of the first floor including the balcony of Shop No.4/6 on the ground floor of the premises bearing No.4/1-14 (A-1/4), Eleven Style Mile, Ward 1, Mehrauli, New Delhi. Issues were framed in the suit on 02nd August, 2019 and a Local Commissioner was appointed to record evidence of the parties. An initial sum of Rs.1,00,000/- was fixed as the fees to be paid to the Local Commissioner, which was to be borne by the plaintiff.
3. It has been noted in the proceedings before the Local Commissioner on 20th May, 2022 that the counsel for the defendant made a request to reexamine DW-1, which request was opposed by the counsel appearing on behalf of the plaintiff.
4. Accordingly, the Local Commissioner has referred the matter to the Court for appropriate directions.
5. The relevant extracts from the proceedings of 20th May, 2022 are set out below:—
“The statement of Ms
Re-examination of witness—Re-examination cannot be used to give a chance to witness to undo statement of witness made in cross-examination and fill in lacunae in evidence.
Re-examination in civil cases should be permitted rarely and cannot be used to fill in the lacunae in evidence.
Recall of witness – Section 138 of N.I. Act permits re-examination of witnesses but it cannot be exercised to the extent of taking away effect/withdraw any statement made during examination/cross-exa....
Section 311 CrPC reads as power to summon material witness, or examine person present.
Re-examination of witnesses under Section 138 of the Evidence Act is crucial for clarification of ambiguities, allowing for new matters with court permission, enhancing fairness in trials.
Re-examination of witnesses must be conducted orally in court, not via Affidavit, as per the Code of Civil Procedure.
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