SHUBHKARAN SINGH versus ABHAYRAJ SINGH & ORS.

SHUBHKARAN SINGH versus ABHAYRAJ SINGH & ORS.

Order 18 Rule 17 vests the power to recall and re-examine witnesses exclusively in the court; parties cannot ordinarily recall witnesses for examination or cross-examination or object to questions put by the court, and cross-examination on answers to the court's questions is not permitted without leave; the Rule is for clarification and removing ambiguities and must be used sparingly; however, in appropriate circumstances a court may permit recall at a party's instance under its inherent jurisdiction (Section 151 CPC).

Parties
Petitioner: Shubhkaran Singh; Respondent(s): Abhayraj Singh & Ors.
Jurisdiction
India
Judgment Date
04 May 2025
Procedural Posture
Special Leave Petition (civil) No. 12012 12013 of 2025 / Judgment Disposing the Special Leave Petitions
Outcome
Special Leave Petitions dismissed.
Legal Topics
Order 18 Rule 17 CPC, Recall and Re Examine Witness, Section 165 Evidence Act 1872, Section 151 CPC, Scope of Cross Examination of Recalled Witnesses
Civil Procedure Evidence Order 18 Rule 17 CPC Recall and Re Examine Witness Section 165 Evidence Act 1872 Section 151 CPC Scope of Cross Examination of Recalled Witnesses

Case Brief

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Parties

Shubhkaran Singh

Petitioner

Abhayraj Singh & Ors.

Respondent(s)

Procedural Posture

Special Leave Petition (civil) No. 12012 12013 of 2025 / Judgment Disposing the Special Leave Petitions

Legal Issues

  1. 1 Whether the petition filed under Order 18 Rule 17 CPC was rightly rejected by the High Court
  2. 2 Scope of the court's power to recall and re-examine a witness under Order 18 Rule 17 CPC
  3. 3 Whether parties may recall witnesses or cross-examine witnesses recalled under Rule 17 without leave

Ratio Decidendi

Order 18 Rule 17 vests the power to recall and re-examine witnesses exclusively in the court; parties cannot ordinarily recall witnesses for examination or cross-examination or object to questions put by the court, and cross-examination on answers to the court's questions is not permitted without leave; the Rule is for clarification and removing ambiguities and must be used sparingly; however, in appropriate circumstances a court may permit recall at a party's instance under its inherent jurisdiction (Section 151 CPC).

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Exemption application allowed
  • Special Leave Petitions dismissed