IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 15 OF OCTOBER, 2025 MISC. PETITION No. 5671 of 2025 OM PRAKASH KORI AND OTHERS Versus SMT. GOMTI KORI AND OTHERS Appearance:

Shri Ashok Kumar Jain - Advocate for the petitioner.

Shri Dushyant Singh Kaurav - Advocate for the respondent/caveator.

ORDER The present petition under Article 227 of the Constitution of India has been filed by the petitioner being aggrieved by the order dated 11.09.2025 th (Annexure-P/6) passed by 30 Civil Judge, Senior Division, District Jabalpur in RCSA No.6982/2016, whereby an application submitted under Section 151 of CPC by the petitioner/defendant to recall the witness of plaintiff namely Gomtibai has been rejected.

2. It has been contended by learned counsel for the petitioner that after the amendment in the year 2002 in Code of Civil Procedure, the power under Order 18 Rule 17-A has been omitted to recall the witness on the application submitted by the party. However, such power still vests with the Court by invoking inherent power under Section 151 of CPC. It has been submitted that the Hon'ble Apex Court in the case of K.K. Velusamy vs. N. Palanisamy report