2024 Supreme(Online)(KER) 24087

HIGH COURT OF KERALA
Kauser Edappagath, J
SHAJI AUGUSTINE – Appellant
Versus
SANDEEP K PILLAI – Respondent
OP(C) 2168/2023

The trial court has the discretionary power to recall any witness already examined at any stage of the suit.

Headnote:

Recall of Witnesses - Civil Procedure - Order Allowing Recall of PWs 1 to 6 - Court's Discretion to Recall Witnesses

Fact of the Case:

The petitioners are the plaintiffs and the respondents are the defendants in O.S.No.29 of 2021 on the files of Sub Court, Devikulam. PWs 1 to 6 were examined on the side of the plaintiffs, but the defendants did not cross-examine them. The 1st defendant filed an application to recall PWs 1 to 6 to cross-examine them, which was allowed by the trial court.

Finding of the Court:

The trial court has the power to recall any witness already examined at any stage of the suit. Considering the facts that the 1st defendant was abroad when the suit was scheduled for trial and later came down to India to participate in the proceedings, the trial court has rightly exercised its discretion to allow the application to recall PWs 1 to 6.

Issues: Whether the trial court was justified in allowing the application to recall PWs 1 to 6 to cross-examine them.

Ratio Decidendi: The trial court has the discretionary power to recall any witness already examined at any stage of the suit, and the court has rightly exercised this power considering the facts and circumstances of the case.

Final Decision: The original petition filed by the plaintiffs challenging the order allowing the recall of PWs 1 to 6 is dismissed.