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IN THE HIGH COURT OF CHHATTISGARH
Sanjay K. Agrawal, J
Dinesh Jaiswal v. Bajrang Sahu and Another
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| 1. the court is questioned on the order's legality. (Para 1 , 2) |
| 2. court's power to recall witnesses is discretionary and not to fill omissions. (Para 4 , 5 , 6) |
| 3. the order to allow further cross-examination was set aside. (Para 7 , 8 , 9) |
1. The petitioner / plaintiff calls in question legality, validity and correctness of the order passed by the trial Court granting application under O.18, R.17 of the CPC permitting further cross - examination of the plaintiff's witnesses.
2. Learned counsel for the petitioner submits that such a cross - examination has been directed to be permitted by granting application only to fill - up the lacuna which is not permissible in law.
3. No one has appeared on behalf of defendant No.1 despite service of notice.
4. O.18, R.17 of the CPC provides as under: -
'17. Court may recall and examine witness. -
The Court may, at any stage of suit, recall any witness who has been examined and may (subject to the law of evidence for the time being in force), put such questions to him as the Court thinks fit.'
5. O.18, R.17 of the CPC came up for consideration before the Supreme Court in the matter of K. K. Velusamy v. N. Palanisamy , 2011 (11) SCC 2
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