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Analysing the retrieved Case Laws
Scanned Judgements…!
Order 18 Rule 17 & Section 151 CPC - Power to Recall Witness The courts have clarified that under Order 18 Rule 17 read with Section 151 of the CPC, a party may be permitted to recall a witness for further examination or cross-examination, but this power is not intended for recalling witnesses to introduce additional material or evidence. The power is primarily for clarifications and only in exceptional cases. ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"], ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"], ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"], ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"], ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"]
Legal Position on Reopening Evidence & Witness Recall The legal stance is that the power to recall witnesses is vested in the court and can be exercised at any stage of the suit, either on its own motion or upon application, especially to correct lapses noticed during cross-examination. However, this power is limited and not meant for reintroducing additional evidence unless exceptional circumstances justify it. ["2025 Supreme(Online)(UK) 1856"], ["2025 Supreme(Online)(UK) 1595"], ["2023 Supreme(Online)(MAD) 34376"], ["2023 Supreme(Online)(Mad) 84649"]
Exceptional Cases & Court's Discretion Courts may exercise this power in exceptional cases to ensure justice, such as to clarify ambiguous testimony or prevent miscarriage of justice. Nonetheless, such applications are generally scrutinized, especially when filed at a late stage, to prevent abuse of process. ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"], ["2023 Supreme(Online)(MAD) 34376"], ["HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi"]
The prevailing legal principle is that Order 18 Rule 17 and Section 151 CPC empower courts to recall witnesses mainly for clarification purposes, not for reintroducing evidence or broad examination rights. Such recall is permissible in exceptional circumstances, often to rectify lapses or ensure fair trial, but courts exercise caution to prevent misuse, especially at advanced stages of proceedings. Recent case law emphasizes that recall at the argument stage is generally not permissible unless justified by exceptional reasons.
References:- Delhi High Court judgments (2022): HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi_Delhi_2022_DHC_002672, HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi_Delhi_2022_DHC_002519, HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi_Delhi_CM(M)-1133_2021, HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi_Delhi_CM(M)-616_2022, HARPREET SINGH BATRA vs KARMAWALI (DECEASED) & ORS. - Delhi_Delhi_2022_DHC_004692- Other cases: 2025 Supreme(Online)(UK) 1856, 2025 Supreme(Online)(UK) 1595, 2023 Supreme(Online)(MAD) 34376, 2023 Supreme(Online)(Mad) 84649
In , a critical moment arises when parties seek to recall a witness for further , especially at the advanced . The question often posed is: Can recent citations under and of the be invoked to reopen the stage and recall a witness for further even at the ? This issue tests the balance between and the . Recent judicial rulings from the and provide clarity, emphasizing sparing use of these powers. This post delves into the legal framework, key judgments, limitations, and practical insights to help practitioners navigate this terrain effectively.
Note: This article provides general information based on judicial precedents and is not legal advice. Consult a qualified lawyer for case-specific guidance.
Courts have affirmed that the power to recall a witness under CPC is primarily for clarifying doubts or ambiguities arising during the trial, not for or extending examination at the . This provision is discretionary and must be exercised sparingly to prevent abuse and unnecessary delays. [
#Order18Rule17, #CPCWitnessRecall, #Section151CPC
The settled legal position under Order 18 Rule 17 read with Section 151 of the CPC, being thus very clear, the impugned orders passed by the trial court as affirmed by the High Court to recall a witness at the instance ... ” 18. The power to recall the witness is, therefore, traceable to ....
The resultant legal position is that, whether under Order XVIII Rule 17 or Order XVIII Rule 17 read with Section 151 of the CPC, a party may be permitted to recall a witness for further examination or cross ... The settled legal position under Order #HL_....
The settled legal position under Order 18 Rule 17 read with Section 151 of the CPC, being thus very clear, the impugned orders passed by the trial court as affirmed by the High Court to recall a witness at the instance ... ” 18. The power to recall the witness is, therefore, traceable to ....
In the said suit, after cross- examination of plaintiff, petitioner moved an application under Order 18 Rule 17 CPC, seeking recall of the plaintiff for the purpose of cross-examination. ... The rigour under Rule 17, however, does not affect the inherent powers of the court to pass the required orde....
In the said suit, after cross- examination of plaintiff, petitioner moved an application under Order 18 Rule 17 CPC, seeking recall of the plaintiff for the purpose of cross-examination. ... The rigour under Rule 17, however, does not affect the inherent powers of the court to pass the required orde....
The resultant legal position is that, whether under Order XVIII Rule 17 or Order XVIII Rule 17 read with Section 151 of the CPC, a party may be permitted to recall a witness for further examination or cross ... The settled legal position under Order #HL_....
.52 of 2023, under Order 18 Rule 17 and Section 151 of the Code of Civil Procedure, to recall P.W1 for further cross-examination by the respondents/defendants. ... Considering the circumstances under which Order 18 Rule 17 and Section #HL_....
The resultant legal position is that, whether under Order XVIII Rule 17 or Order XVIII Rule 17 read with Section 151 of the CPC, a party may be permitted to recall a witness for further examination or cross-examination ... Order #HL_STA....
The resultant legal position is that, whether under Order XVIII Rule 17 or Order XVIII Rule 17 read with Section 151 of the CPC, a party may be permitted to recall a witness for further examination or cross-examination ... Order #HL_STA....
The power under Section 151 of the Code of Civil Procedure, 1908 can be invoked in appropriate cases to reopen the evidence or to recall the witness for further examination. ... To reopen the evidence for the purpose of further examination or cross examination or even for production of fresh evidenc....
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