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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI
Gunda Vijaya Lakshmi – Appellant
Versus
Pentyala Nageswara Rao – Respondent
| Table of Content |
|---|
| 1. civil revision petitions arise from trial court orders (Para 1 , 2) |
| 2. summary of the factual background of the suit (Para 3 , 4 , 5) |
| 3. trial court’s rationes for dismissing applications (Para 6) |
| 4. provisions related to summoning and recalling witnesses (Para 10 , 11) |
| 5. criteria for recalling witnesses and accepting evidence (Para 12 , 13 , 14) |
| 6. final dismissal of civil revision petitions (Para 15 , 16) |
ORDER :
T. MADHAVI DEVI, J.
Both these Civil Revision Petitions arise out of the orders of the Principal District Judge, Khammam, dated 06.08.2025 in I.A.No.5 of 2025 and I.A.No.6 of 2025 in O.S.No.165 of 2017.
2. The petitioner is the defendant in the Suit filed for recovery of money. The written statement was filed on 06.04.2018. The petitioner filed I.A.No.5 of 2025 under Order 16 Rule 1 read with Section 151 of C.P.C., to issue summons to the witnesses mentioned in the list to secure their attendance and examination and I.A.No.6 of 2025 is filed under Order 18 Rule 17 read with Section 151 of C.P.C., to recall the DW1 for further evidence with reference to the Compact Disk (CD) submitted by the defendant and to pass such other order or orders. Both the applic
A party must show sufficient cause for failing to include a witness in the list, and the absence of relevant pleadings prevents acceptance of additional evidence.
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 inherent power of the court under Section 151 of CPC can be invoked to reopen evidence for the ends of justice, and the provisions of Order 18 Rule 17 CPC should be used to clarify ambiguities in....
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.
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