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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1684 OF 2016

(Arising from S.L.P. (C) No. 22141 of 2013)

RAM RATI

… APPELLANT (S)

VERSUS

MANGE RAM (D) THROUGH LRS.

AND OTHERS

… RESPONDENT (S)

J U D G M E N T

KURIAN, J.:

Leave granted.

2.

Whether a witness can be recalled under Order 18 Rule 17 of

The Code of Civil Procedure, 1908 (hereinafter referred to as ‘the

Code’) for further elaboration of aspects left out in evidence already

closed, is the issue for consideration in this case.

3.

There are two suits filed by the respective parties and pending

before the Tis Hazari Courts at Delhi. Civil Suit No. 43 of 2009 was

filed by the respondents herein for declaration and injunction in

respect of the plaint schedule property. In respect of very same

property, the appellant herein also filed a suit seeking permanent

REPORTABLE

Digitally signed by

Rajni Mukhi

Date: 2016.03.14

11:56:53 IST

Reason:

Signature Not Verified

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injunction and that suit has been numbered as Civil Suit No. 44 of

2009. The suits were consolidated for common trial, on joint request,

by order dated 08.12.2007. Suit No. 43 of 2009, with the consent of

the parties, was