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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Kalavakuntal Narayana – Appellant
Versus
B. Narsing Rao – Respondent
| Table of Content |
|---|
| 1. application for recalling witness procedure (Para 1) |
| 2. procedural compliance in witness examination (Para 3 , 5) |
| 3. arguments regarding cross-examination rights (Para 4 , 6 , 7 , 10 , 12 , 13) |
| 4. specific performance suit details (Para 8 , 9) |
| 5. conclusion allowing cross-examination (Para 14 , 17) |
| 6. court analysis on trial procedure misapprehension (Para 15 , 16) |
ORDER :
1. This present Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order, dated 14.06.2022, passed in I.A.No.193 of 2022 in O.S.No.21 of 2011 by the learned Senior Civil Judge at Nirmal.
2.1. Petitioner is the plaintiff and respondents are the defendants in the suit vide O.S.No.21 of 2011.
2.2. Petitioner has filed I.A.No.193 of 2022 under Order XVIII Rule 17 r/w under Section 151 of Civil Procedure Code to recall the Dw1 for further cross examination on his behalf.
2.3. It is mentioned in the cause title of the Civil Revision Petition that respondent Nos.1, 3 to 19 are not necessary parties.
3. It is stated in the application in I.A.No.193 of 2022 that on 04.04.2022 a memo was filed by the petitioner-plaintiff for examining of defendant No.2 as Dw1 without there
The cross-examination rights of parties in a trial must be preserved according to procedural rules, ensuring fairness in witness examination, which was violated in this case.
A party may be permitted to recall a witness for cross-examination if circumstances change and it is essential for proper defense.
The right to cross-examine is a substantive right that cannot be forfeited on mere technicalities, as its denial affects principles of natural justice.
The provision under Order 18 Rule 17 CPC is not intended to fill up lacunae, and repeated applications for recall of the same witness for further cross-examination would not be maintainable.
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....
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