Supreme Court Explains When Courts Can Recall Witnesses: Order 18 Rule 17 CPC
The Supreme Court clarified the scope of Order 18 Rule 17 CPC, emphasizing that the power to recall witnesses rests solely with the court to clarify ambiguities, not to fill lacunae in a party's case. The ruling reaffirmed that such discretion must be exercised sparingly and cannot be invoked by parties for re-examination or cross-examination. The Court underscored that Section 151 CPC (inherent powers) may permit witness recall in exceptional cases, but routine use is barred to prevent trial delays. The judgment aligns with precedents holding that procedural tools must aid judicial clarity, not protract litigation.
Facts Of The Case:
The case arose from a petition filed by Shubhkaran Singh challenging two orders of the Madhya Pradesh High Court at Jabalpur. The first order, dated 7 Janu...