IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 14 OF JANUARY, 2026 MISC. PETITION No. 6735 of 2025 KAMTADAS Versus KESHAVDAS ALIAS KRISHNANAND BRAHMAN AND OTHERS Appearance:

Shri Brijendra Swaroop Sahu - Advocate for the Petitioner.

Shri Vijayendra Singh Choudhary - Advocate for the Respondent No.1.

ORDER By way of the present Petition, challenge is made to the Order dated

29.09.2025 passed by the Trial Court whereby the Trial Court has allowed the application of the defendant No.1 under Order 18 Rule 17 of the CPC for recall of Plaintiff's witness Shyam Vishwakarma.

2. The aforesaid Order is assailed on the ground that the application under Order 18 Rule 17 of the C.P.C. for recall of the witness was filed on the ground that this witness had submitted an affidavit alongwith reply to application under Order 39 Rule 1 and 2 of the C.P.C. filed by the defendant No.3 but the defendant No.1 was not in knowledge of such affidavit having been filed and therefore, could not cross-examine this witness on the said affidavit and after obtaining certified copies, it has come to notice of the defendant No.1 that such an affidavit was filed. Therefore,