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Civil · Reportable judgment

Shubhkaran Singh vs Abhayraj Singh & Ors.

Court
Supreme Court of India
Date
5 May 2025
Case No.
Special Leave Petition (Civil) No(s). 12012-12013 of 2025
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 6 S.C.R. 601 : 2025 INSC 628
Acts & Sections
CPC Evidence Act
Supreme Court Reports [2025] 6 S.C.R. 601 : 2025 INSC 628
Issue for consideration
Whether the petition filed by the petitioner herein u/Or.18 Rule 17, Code of Civil Procedure, 1908 was rightly rejected by the High Court.
Headnote

Code of Civil Procedure, 1908 – Or.18, r.17 – Court may recall and examine witness – Power under – Scope – High Court rejected the petition filed by the petitioner u/Or.18, r.17 – Correctness:

Held: Power to recall and re-examine a witness is exclusively that of the court trying the suit – Parties to the suit cannot take any objection to the question asked nor can they be permitted to cross-examine any witness without the leave of the court – The right to put questions to the witness recalled u/r.17 is given only to the court and even cross-examination is not ordinarily permitted on the answers given to such questions, without the leave of the court – Therefore, u/r.17 a witness cannot be recalled at the instance of a party for examining, cross examining or re-examining – However, if circumstances warrant, an opportunity to a party to re-call a witness for examining, cross-examining or re-examining can be granted by a Court in the exercise of its inherent jurisdiction u/s.151, CPC – Power u/Or.18, r.17 is to be used for removing ambiguities, for clarifying the statement and not for filling up the lacuna in a party’s case – This power should be used sparingly and in exceptional cases only – SLPs dismissed – Evidence Act, 1872 – s.165. [Paras 7, 8, 10, 13]

Code of Civil Procedure, 1908 – Or.18, r.17 – Court may recall and examine witness – Power u/Or.18, r.17 – Scope and exercise of. [Paras 7, 8, 12]

Keywords: Order 18 Rule 17 of the Code of Civil Procedure, 1908 · Power to recall and re-examine a witness · Witness recalled under Order 18 Rule 17 · Right to put questions given only to the court · Crossexamination of witness · Without the leave of the court

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Exemption Application is allowed. 2. Heard the learned counsel appearing for the petitioner. 3. This petition arises from the order passed by the High Court of Madhya Pradesh at Jabalpur dated 7-1-2025 in Miscellaneous Petition No.7264/2024 by which the petition filed by the petitioner – herein under the provisions of Order 18 Rule 17 of the Civil Procedure Code (for short, “CPC”) came to be rejected. 4. It appears that the petitioner – herein also preferred a Review Petition No.117/2025. The Review Petition came to be rejected vide Order dated 27-2-2025. 5. In such circumstances
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