Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. MADHAVI DEVI
Gunda Vijaya Lakshmi – Appellant
Versus
Pentyala Nageswara Rao – Respondent
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 applications were dismissed by the trial Court vide separate orders dated 06.08.2025 and the present Civil Revision Petitions are filed against the same.
3. Brief facts leading to the filing of the Suit are that the plaintiff claimed that he and the defendant were well acquainted with each other and out of such acquaintance, the defendant had borrowed an amount of Rs.20,00,000/- from the plaintiff on 18.12.2014 at Khammam, with
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
