RAM RATI versus MANGE RAM (D) THROUGH LRS. AND ORS.

RAM RATI versus MANGE RAM (D) THROUGH LRS. AND ORS.

Recalling a witness under Order 18 Rule 17 CPC for further elaboration on aspects left out in evidence already closed is impermissible; the power under Rule 17 is meant solely for clarification and not to fill omissions or lacunae; such applications cannot be granted merely on the basis that no prejudice would be caused to the parties. However, the court's inherent powers under Section 151 CPC remain unaffected but must be used only when the Code provides no remedy and the circumstances demand it.

Parties
Appellant: Ram Rati; Respondents: Mange Ram (D) Through LRS. and Ors.
Jurisdiction
India
Judgment Date
23 February 2016
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Recall of Witness, Order 18 Rule 17 CPC, Inherent Powers Under Section 151 CPC, Production of Evidence, Consolidation of Suits, Cross Examination Procedures
Civil Procedure Recall of Witness Order 18 Rule 17 CPC Inherent Powers Under Section 151 CPC Production of Evidence Consolidation of Suits Cross Examination Procedures

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Parties

Ram Rati

Appellant

Mange Ram (D) Through LRS. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether a witness can be recalled under Order 18 Rule 17 CPC for further elaboration of aspects left out in evidence already closed
  2. 2 Scope of discretionary power under Order 18 Rule 17 CPC
  3. 3 Application of Section 151 CPC for reopening evidence

Ratio Decidendi

Recalling a witness under Order 18 Rule 17 CPC for further elaboration on aspects left out in evidence already closed is impermissible; the power under Rule 17 is meant solely for clarification and not to fill omissions or lacunae; such applications cannot be granted merely on the basis that no prejudice would be caused to the parties. However, the court's inherent powers under Section 151 CPC remain unaffected but must be used only when the Code provides no remedy and the circumstances demand it.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of trial court and High Court to recall witness for further elaboration are set aside
  • Trial court directed to dispose of the suits expeditiously and preferably within one month from the date of receipt of a copy of this order