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SUREPALLI NANDA
Tadavarthi Sri Anjaneya Gupta – Appellant
Versus
Yellanki Aruna – Respondent
ORDER :
Heard Sri Alladi Ravinder, learned Senior Counsel, representing Sri M. Mallesham, learned counsel appearing on behalf of the petitioner and Smt. Chinthalaphani Avani Reddy, learned counsel appearing on behalf of the respondent.
2. This Civil Revision petition is preferred aggrieved by the order dated 24.06.2024 passed in I.A.No.216 of 2024 in O.S.No.21 of 2021 on the file of the Principal District Judge, Peddapalli.
3. PERUSED THE RECORD.
4. FACTS NOT IN DISPUTE :
The petitioner herein in the present CRP is the defendant in the main suit O.S.No.21 of 2021 on the file of the Court of Principal District Judge at Peddapalli.
The respondent herein had filed the main suit for recovery of money based on promissory note dated 05.04.2012 and original cheque bearing No.601632. Thereafter, on 17.03.2017 the petitioner/defendant field elaborate written statement and issues had been settled on 07.09.2017. Thereafter, the respondent herein/plaintiff filed her evidence affidavit on 12.09.2019 and the same is treated as PW1 evidence and Ex.A1 to A3 are marked. Thereafter, PW1 was cross examined on four occasions from 23.09.2019 to 02.03.2020. On perusal of the cross examination of PW1 dated 02.
The power to recall witnesses under Order 18 Rule 17 is discretionary and should not be used to fill omissions in evidence, especially when such applications are made after undue delays.
A change of counsel does not justify recalling a witness for further cross-examination; sufficient grounds must be shown to avoid delaying proceedings.
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.
Order 18 Rule 17 CPC enables Court to recall any witness to clarify any doubts which it may have with regard to evidence led by parties.
The court emphasized that recalling witnesses must be supported by valid reasons, especially after lengthy delays, adhering to the principle of judicial expediency.
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