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IN THE HIGH COURT OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Dr. Tadavarthi Sri Anjaneya Gupta – Petitioner
Versus
Yellanki Srinivas – Respondent
C.R.P. No.2135 of 2024
Decided On : 30-07-2024
Key Points: - The power to recall witnesses under Order 18 Rule 17 is discretionary and should not be used to fill omissions in evidence (!) (!) (!) . - The power under Section 151 must be exercised with circumspection, only when absolutely necessary, and where the applicant's bona fides are not doubtful (!) (!) . - An application to recall a witness filed after undue delay, without valid reasons, is considered frivolous and aimed at delaying proceedings (!) (!) (!) . - The court may permit recall or fresh evidence only if it was not available during trial and is necessary for justice, subject to appropriate costs (!) (!) . - Documents or evidence available throughout the trial cannot be the basis for reopening or recalling witnesses, even under Section 151 (!) (!) . - The court must consider whether the application is bona fide and whether the reasons are sufficient and convincing before exercising discretion (!) (!) (!) . - If an application is found to be mischievous or intended to obstruct proceedings, it should be dismissed with costs (!) (!) . - The trial court has the discretion to impose conditions, such as cost awards and time schedules, when allowing recall of witnesses (!) (!) .
| Table of Content |
|---|
| 1. background of the case and facts concerning the suit. (Para 2 , 4 , 5) |
| 2. arguments presented by both parties. (Para 6 , 7) |
| 3. court's reasoning on witness recall provisions. (Para 8 , 9 , 10) |
| 4. judicial observations emphasizing the lack of merit in the petition. (Para 11 , 12 , 13) |
| 5. final dismissal of the application with no costs. (Para 14) |
ORDER :
SUREPALLI NANDA, J.
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.214 of 2024 in O.S.No.20 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.20 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 01.09.2013 and original cheque bearing No.544000 on 30.12.2014. Thereafter, on 30.03.2017 the petitioner/defendant filed elaborate written statement and issues had been settled on 17.09.2017. Thereafter, the respondent herein/plaintiff filed his evidence affidavit on 06.02.2017 and the same is treated as PW1 evidence and Ex.A1 to A4 are marked. Thereafter, PW1 was cross examined on four occasions from 15.10.2019 to 02.03.2020. On perusal of the cross examination of PW1 dated 02.03.2020 there is reference to Ex.A4 and the petitioner herein to further cross- examine PW1 with regard to Ex.A4, filed I.A.No.214 of 2024 stating that the respondent herein who is plaintiff in suit O.S.No.20 of 2021 had adduced the evidence of himself and another as PW1 and PW2.
The evidence of PW1 revealed about filing of Income Tax returns and that the said important aspect had not been confronted with PW1 about Ex.A4 and also not cross examined him in respect of that aspect. To examine on this aspect, the petitioner herein who is the defendant in the main suit prayed that PW1 may be recalled for further cross-examination on the ground that no prejudice would be caused to the respondent/plaintiff, if PW1 is recalled.
The respondent in the present C.R.P., who is the plaintiff in the suit O.S.No.20 of 2021 filed the said suit with a prayer as under:
A) A decree for recovery of Rs.16,50,000/- made up of Rs.12,50,000/- principal amount and Rs.4,00,000/- towards interest @ 24% per annum from 01.09.2013 to 30.12.2014 from the defendant.
B) A decree for future interest @ 24% per annum on the principal amount of Rs.12,50,000/- from the date of filing of the suit to till the date of realization of the entire loan amount.
C) Costs of the suit and
D) Ant other relief.
5. The petitioner herein who is the defendant in suit O.S.No.20 of 2021 on the file of Family Judge-cum-District and Sessions Judge at Karimnagar filed written statement on 30.03.2017 itself in the main suit O.S.No.20 of 2021 and in particular paragraph No.7 of the said written statement is extracted hereunder:
“7. That the defendant submits that the allegations in Para 3 of the plaint in the suits in O.S. No. 220 of 2014 and 221 of 2014 alleged that the plaintiff in O.S. No. 220 of 2014 mobilized an amount of Rs. 12,50,000/- from his friends. There is no mention of the names of the friends from whom the amounts are mobilized. There are no particulars at all with regard to their capacity to give such huge amounts to the plaintiff and also it is not stated whether any one of them are income tax assesses and whether they have showed the amounts in their Income Tax Returns. It is also not stated in the plaint whether the said amount was credited in his bank account and issued cheque for Rs. 12,50,000/- to this defendant. Further, neither of the plaintiff in O.S.No.220 of 2014 and 221 of 2014 showed the said amount in
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.
The denial of cross-examination constitutes serious procedural injustice, necessitating exercise of inherent powers for fairness and justice.
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps in evidence.
The main legal point established in the judgment is that a party, after filing a separate written statement and pleading collusion and fraud, is entitled to cross-examine witnesses based on their wri....
The court emphasized that the power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, ensuring it is essential for a just decision and not merely to fill gaps or delay proc....
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