AI Overview...
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Court's Power to Recall Witness - Courts have the inherent authority to recall witnesses at any stage of a civil suit to ensure a just decision. This power can be exercised suo motu or at the instance of a party, subject to certain conditions and procedural provisions such as Order 18, Rule 17 CPC Pastor Thangamuthu @ John Thangamuthu (Died) VS K. K. Gnaneswaran - Madras, Rabindra Nath Prasad @ Rabindra Prasad, S/o. Late Ramashish Prasad VS Hira Lal Vishwakarma, S/o. Sukan Vishwakarma - Jharkhand, P. Rajasekar VS P. Subramanian - Madras, A. K. Damodaran VS Geetha - Madras.
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Stages of Recall - The phrase at any stage or later stage in Order 18, Rule 17 CPC signifies that courts can recall witnesses even after initial examination or during different phases of the suit, including after evidence closure or during cross-examination Chandgi VS Mehar Chand - Punjab and Haryana.
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Discretion and Limitations - While courts have broad discretion to recall witnesses, they must balance this with procedural fairness, avoiding undue delays or prejudice. The courts have emphasized that recalling witnesses is within their inherent powers, provided it aligns with the principles of justice Shanthi VS Sangeetha - Madras, Ayushi VS Mukhtiar Singh - Punjab and Haryana.
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Reopening Evidence - Courts can permit the reopening of evidence or cross-examination after the close of evidence if justified, such as discovering procedural irregularities or for fairness, with appropriate conditions imposed LAXMINARAYAN ENTERPRISES VS LAXMINARAYAN TEXTILE - Karnataka, P. Anandan VS S. Shivaraja - Karnataka.
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Judicial Precedents - Multiple rulings affirm that the trial court's decision to recall witnesses or admit additional evidence is within its discretionary power, and such decisions are upheld unless shown to be illegal or arbitrary Pastor Thangamuthu @ John Thangamuthu (Died) VS K. K. Gnaneswaran - Madras, P. Rajasekar VS P. Subramanian - Madras, Ayushi VS Mukhtiar Singh - Punjab and Haryana.
Analysis and Conclusion:
Courts possess the broad and inherent authority to recall witnesses at any stage of a civil suit, including after evidence closure or during cross-examination, to facilitate a fair trial. This power is supported by procedural provisions like Order 18, Rule 17 CPC and reinforced through judicial precedents, emphasizing judicial discretion within the bounds of justice and procedural fairness. Therefore, a court can allow the recall of a witness at any stage of a civil suit, subject to the circumstances and considerations of fairness Various references.
Search Results for "Court can Allow Recall of Witness at any Stage of Civil Suit"
2024 0 Supreme(Mad) 1667 • India - Madras
D. BHARATHA CHAKRAVARTHY
an application to recall a witness for further cross-examination at a belated stage in an ongoing suit concerning the validity of ... Issues: Whether the trial court erred in dismissing the application to recall a witness for further cross-examination ... provided were substantial enough to warrant a reconsideration, allowing the recall of the witness with conditions imposed to ensure ... The said suit is defended....
2017 0 Supreme(Mad) 147 • India - Madras
M.V.MURALIDARAN
Recall of Witness - Civil Procedure Code - The court has the power to recall a witness at any stage of the suit, either suo motu ... Finding of the Court: The court found that the trial court had the power to recall a witness at any stage of the suit ... the power to recall and examine a witness at any #HL_....
1999 0 Supreme(Kar) 580 • India - Karnataka
MOHAMED ANWAR
of witness-Maintainability of-Court has jurisdiction to allow any party to the suit or proceeding to adduce material evidence or ... pleading for just decision of the suit at any stage of the suit-revision allowed. ... Civil Procedure, 1908-Order 18, Rule 2(4) r/w Order 9, Rule 6(1)(a) (as amended by Act 104 of 1976 w.e.f. 1.2.1977)-Application for recall ... witness at any stage. ... Indian Bank (ILR 1996 Kant 553....
2024 0 Supreme(Jhk) 167 • India - Jharkhand
PRADEEP KUMAR SRIVASTAVA
witness at any stage of a suit. ... .] - [The court discussed the provisions of Order XVIII Rule 17 of the Code of Civil Procedure, which allows a court to recall any ... and recall himself for further examination, and whether the defendant was entitled to a fair opportunity to present his case. ... Court may recall and examine witness - The Court may at any stage of a ....
2023 0 Supreme(P&H) 2351 • India - Punjab and Haryana
KARAMJIT SINGH
... ... Findings of Court: ... The court found no illegality in the trial court's decision to allow additional evidence, recognizing ... ... ... Ratio Decidendi: The court ruled that the trial court acted within its inherent powers to allow additional evidence for the ... additional evidence regarding a registered Will executed by the deceased Mukhtiar Singh in favor of his son Sandeep, after the suit ... While dealing with provision of Order 18, Rule 17 CPC, whic....
1998 0 Supreme(P&H) 416 • India - Punjab and Haryana
SWATANTER KUMAR
CIVIL PROCEDURE - ADDITIONAL EVIDENCE - STAGE OF SUIT - INTERPRETATION OF "AT ANY STAGE OR LATER STAGE" - DISTINCTION BETWEEN ... Finding of the Court: The court held that the expression "at any stage or later stage" used in Order 18, Rule 17-A ... HEARING OF SUIT AND STAGE OF SUIT - ORDER 18, RULE 17-A, C.P.C. - ORDER 20, RULE 1, C.P.C. - ORDER 9, RULE 7, C.P.C. ... Order 18, ....
2024 Supreme(Online)(KER) 24087 • India - High Court of Kerala
Kauser Edappagath, J
Finding of the Court: The trial court has the power to recall any witness already examined at any stage of the suit ... Ratio Decidendi: The trial court has the discretionary power to recall any witness already examined at any stage of the suit ... Recall of Witnesses - Civil Procedure - Order Allowing Recall of PWs 1 to 6 - Court's Discreti....
2023 0 Supreme(Kar) 1257 • India - Karnataka
S. G. PANDIT
The petitioner sought to recall the closure of evidence and reopen for further cross-examination of a witness after discovering procedural ... Procedure, 1908 - Section 151 - Order 18 Rule 17 - Writ petition seeking to reopen the case for further cross-examination of a witness ... reopening the cross-examination, provided one more opportunity for the defendant to cross-examine the witness, and imposed costs ... After completion of the plaintiffs' evidence, when the matter stood at the stage of defendant....
2023 0 Supreme(Mad) 3373 • India - Madras
K. GOVINDARAJAN THILAKAVADI
to reopen evidence and recall a witness after the plaintiff's evidence was closed. ... The court found that the trial court's dismissal of the applications to recall a witness was erroneous, as it did not consider the ... Issues: Whether the trial court correctly dismissed the applications to reopen evidence and recall a witness ... It is now well settled law that the power to recall any witness under Order 18 Rul....
2013 0 Supreme(Mad) 891 • India - Madras
M.VENUGOPAL
- Held power to recall any witness/witnesses can be exercised by a Competent Court of Law either suo moto or at instance of a contesting ... CIVIL PROCEDURE CODE, 1908 - Order 18, Rule 17 and CONSTUTION OF INDIA - Article 227 - Powers of court to recall, exercise of - Considerations ... Also, it is beyond competence of Court to virtually oblige a party to examine any particular witness - AIR 1965 SC 2008, relied on ... If a Court of Law allows a pers....
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