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Vadiraj Naggappa Vernekar Case (2009 SCC 410) - The Supreme Court clarified that Order 18 Rule 17 of CPC is not intended to fill gaps or omissions in a witness's evidence after examination. Its proper use is limited to exhibiting documents during trial when they have already been part of the evidence or available at the time of witness examination. The Court emphasized that recalling witnesses should be for clarifying or supplementing existing evidence, not for introducing new material ["2025 Supreme(Online)(CHH) 2133"], ["2022 Supreme(Online)(MP) 13092"], ["2025 Supreme(Online)(Cal) 3866"], ["2025 Supreme(Online)(Mad) 73065"], ["2024 Supreme(Online)(AP) 11928"], ["2025 Supreme(Online)(UK) 1856"], ["2025 Supreme(Online)(UK) 1595"], ["2025 0 Supreme(P&H) 2"], ["2025 Supreme(Online)(PH) 2585"].
Legal Principles Reiterated:
Courts must exercise caution and not permit the reintroduction of evidence that should have been presented earlier.
Implications for Court Proceedings:
Summary: The case of Vadiraj Naggappa Vernekar (2009 SCC 410) is a landmark judgment that limits the scope of recalling witnesses under Order 18 Rule 17 of the CPC, emphasizing that it cannot be used to fill evidentiary gaps but only to exhibit documents already in evidence. This principle has been consistently followed in subsequent rulings to uphold procedural integrity All cited judgments.
In civil litigation, the smooth progression of trials hinges on the orderly presentation of evidence. However, disputes often arise over recalling witnesses after their initial examination. A landmark Supreme Court decision in Vadiraj Naggappa Vernekar (D) Through LRS. Vs. Sharad Chand Prabhakar Gogate has set clear boundaries on this practice under Order 18 Rule 17 of the Code of Civil Procedure (CPC), 1908. This provision empowers courts to recall witnesses but strictly limits its use to prevent abuse.
If you're searching for insights into cases like Mehar Rajesh Sha Vs State of Maharashtra or similar matters involving procedural fairness, understanding these principles is crucial. While every case turns on its facts, the Vadiraj ruling provides guiding precedents on witness recall, emphasizing efficiency and justice. This post breaks down the key takeaways, supported by judicial observations.
The case originated from a dispute where parties sought to recall witnesses post-examination. The Supreme Court scrutinized applications under Order 18 Rule 17, highlighting its role in trial management. The ruling underscores that courts must balance the need for clarity with the imperative to avoid delays.
As noted, The provisions of Order XVIII Rule 17 CPC are not intended to be used to fill up omissions in the evidence of a witness who has already been examined. 2024 Supreme(Online)(AP) 1671 This principle echoes across multiple judgments, reinforcing that recall isn't a tool for second chances.
Order 18 Rule 17 allows a court, at any stage of the trial, to recall any witness already examined to put questions for clarifying evidence. Its core intent is judicial clarity, not party convenience.
The Supreme Court in Vadiraj clarified: Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. 2021 0 Supreme(Mad) 3339
Badal Mohanta VS Munimani Mohanta
Misuse of this provision can derail trials, leading to prolonged proceedings. The Vadiraj judgment firmly establishes boundaries:
Desh Raj VS Keshav Ram
Supporting cases stress party diligence. For example, attempts to mark irrelevant documents post-evidence closure were dismissed: The documents sought to be marked as exhibits have no direct nexus with the issues of the suit. The Record of Rights are not relevant to decide the issue. The defendants were not diligent enough.
Badal Mohanta VS Munimani Mohanta
The Vadiraj decision builds on precedents like K.K. Velusamy Vs. N. Palanisamy, where inherent powers under Section 151 CPC were discussed for reopening evidence—but only cautiously for justice's ends. 2013 0 Supreme(SC) 189 2009 0 Supreme(SC) 357
Other rulings reinforce this:- Bagai Construction Vs. Gupta Building Material Stores (2013) 14 SCC 1: Cited for procedural discipline in evidence stages. 2021 0 Supreme(Mad) 3339- In a money recovery suit, rebuttal
Desh Raj VS Keshav Ram
These cases collectively warn: Though no prejudice is caused to the petitioner herein, it is not a permissible ground to invoke Order 18 Rule 17 read with Section 151 of CPC. 2021 0 Supreme(Mad) 3339
To navigate these rules effectively:1. Thorough Preparation: Examine witnesses comprehensively initially. Anticipate cross-examination points to avoid post-hoc recalls.2. Bona Fide Applications: Base requests on specific ambiguities, backed by evidence. Demonstrate why clarification is essential now.3. Alternative Remedies: Consider Section 151 sparingly; prioritize trial expedition per Supreme Court directives like Salem Advocate Bar Association v. Union of India.4. Document Diligence: Produce relevant materials early under Order 13 Rule 1 CPC. Late filings invite rejection for lack of nexus or diligence.
Badal Mohanta VS Munimani Mohanta
Legal practitioners should cite Vadiraj to argue against dilatory tactics: Present applications are nothing but fill up the lacuna and it is not permissible under law. 2021 0 Supreme(Mad) 3339
Note: This analysis draws from general judicial trends. Specific cases, such as those involving procedural nuances in Mehar Rajesh Sha Vs State of Maharashtra, may vary. Consult a qualified lawyer for tailored advice—this is not legal counsel.
The Vadiraj Naggappa Vernekar ruling champions efficient justice by curbing Order 18 Rule 17 misuse. Courts wield this power primarily for their own clarification, not party bolstering. By adhering to these limits, litigation avoids unnecessary delays, ensuring fair and swift resolutions.
References include: 2021 0 Supreme(Cal) 531 2005 3 Supreme 479 1996 0 Supreme(SC) 2162 2011 2 Supreme 667 2013 0 Supreme(SC) 189 2009 0 Supreme(SC) 357 2024 Supreme(Online)(AP) 1671 2021 0 Supreme(Mad) 3339
Badal Mohanta VS Munimani Mohanta
Desh Raj VS Keshav Ram
2017 0 Supreme(Ori) 768 2017 0 Supreme(Ori) 200Stay informed on CPC evolutions to strengthen your legal strategy.
#Order18Rule17, #CPCLaw, #WitnessRecall
In support, he placed reliance on the judgment passed by the Hon’ble Supreme Court in the matter of Vadiraj Naggappa Vernekar (dead) through Lrs. vs. Sharadchandra Prabhakar Gogate, (2009) 4 SCC 410 : (2009) 2 SCC (Civ) 198. 3. On the other hand, Mr. ... The Hon’ble Supreme Court in the matter of Vadiraj Naggappa Vernekar (supra) while dealing with the provisions of Order 18 Rule 17 of CPC held that provisions of Order 18 ....
It is submitted that this order is erroneous in the light of the law laid down by Supreme Court in Vadiraj Naggappa Vernekar (dead) Through LRs Vs. ... After hearing learned counsel for the parties/petitioner and going through the record it is evident that the impugned order passed by learned III Civil Judge, Class-I Satna has been passed oblivious of the legal position settled by Supreme Court in Vadiraj Naggappa Verneka....
In support of such contention he places reliance upon a decision of the Hon’ble Supreme Court in the case of Vadiraj Naggappa Vernekar (D) Through Lrs. Vs. Sharad Chand Prabhakar Gogate reported at 2009(4) SCC 410. ... This Court had the occasion to consider the other decisions cited by the learned advocate for the petitioner in the case of Vadiraj Naggappa Vernekar (supra) while passing the order on 9th June, 2025 in C.O....
In support of the said contention, he relied on the judgment of Vadiraj Naggappa Vernek (Dead) through Lrs. Vs Sharad Chand Prabhakar Gogate reported in 2009 SAR (Civil) 403 5. ... This Apex Court in Vadiraj Naggappa Vernek (Dead) through Lrs. Vs Sharad Chand Prabhakar Gogate case cited supra, has clearly explained the scope of Order XVIII Rule 17. The Apex Court has observed as follows : “16. ... The same is impermissible....
Learned counsel for the petitioners placed reliance in Vadiraj Naggappa Vernekar (deceased) by L.Rs) vs. ... It is apt to reproduce paras 16 to 17 of Vadiraj Naggappa Vernekar (supra) held as under:- “16. ... In Vadiraj Naggappa Vernekar (supra), the Hon‟ble Apex Court held that the provisions of Order XVIII Rule 17 CPC are not intended to be used to fill up omissions in the evidence of ....
Learned counsel for the petitioners placed reliance in Vadiraj Naggappa Vernekar (deceased) by L.Rs) vs. ... In Vadiraj Naggappa Vernekar (supra), the Hon‟ble Apex Court held that the provisions of Order XVIII Rule 17 CPC are not intended to be used to fill up omissions in the evidence of a witness who has already been examined. ... In Vadiraj Naggappa Vernekar (supra), the evidence whic....
(Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate) 10. ... In Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate [Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate, (2009) 4 SCC 410, this principle has been summarised at paras 25, 28 and 29 : “25. ... In the case of Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar....
(Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate) 10. ... In Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate [Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate, (2009) 4 SCC 410, this principle has been summarised at paras 25, 28 and 29 : “25. ... In the case of Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar....
(Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate.) 10. ... In Vadiraj Naggappa Vernekar (Dead) Through LRs. v. Sharadchandra Prabhakar Gogate 2009 (2) RCR (Civil) 508: (2009) 4 SCC 410, this principle has been summarised at paragraphs- 25, 28 and 29:“25. ... Palanisamy 2011 (2) RCR (Civil) 875 : 2011 (3) Recent Apex Judgments (R.A.J.) 83 : (2011) 11 SCC 275, the principles enunciated in Vadiraj#H....
In Vadiraj Naggappa Vernekar (Dead) Through LRs. v. ... (Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate.) 10. ... Palanisamy 2011(2) RCR (Civil) 875 : 2011(3) Recent Apex Judgments (R.A.J.) 83 : (2011) 11 SCC 275, the principles enunciated in Vadiraj (supra) have been followed, holding at paragraphs 9 and 10: “ 9.
vs. Sharadchandra Prabhakar Gogate, (2009) 4 SCC 410, this Court had an occasion to consider similar claim, particularly, application filed under Order XVIII Rule 17 and held as under: 9) In Vadiraj Naggappa Vernekar (dead) through LRs. In this regard, the learned counsel for the petitioner relied upon the judgment in the case of Bagai Construction Vs. Gupta Building Material Stores reported in 2013 (14) SCC 1, wherein it is held as follows:
10. Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. Order 18 Rule 17 is primarily a provision enabling the court to clarify any issue or doubt, by recalling any witness either suo moto, or at the request of any party, so that the court itself can put questions and elicit a....
(Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate.) 10. Order 18, Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. Order 18, Rule 17 is primarily a provision enabling the court to clarify any issue or doubt, by recalling any witness either suo motu,....
10. Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. The said power is not intended to be used to fill up omissions in the evidence of a witness who has already been examined. (Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate2.) Order 18 Ru....
10. Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. (Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate). The said power is not intended to be used to fill up omissions in the evidence of a witness who has already been examined.
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