Court may recall and examine witness
Full Text
The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.
Plain English Summary
Vests inherent power in the Court at any stage of a suit to recall any examined witness for judicial clarification, strictly to elucidate ambiguities rather than to allow parties to fill evidentiary lacunae.
Key Legal Elements
- Court's Prerogative: Primarily intended for the Court's own clarification of doubts.
- At Any Stage: Can be exercised even after evidence is closed but before judgment.
- Strict Limit on Filling Lacunae: Cannot be used by a party to repair omissions or patch weaknesses in cross-examination.
Practical Note
The Law on Recalling Witnesses under Order XVIII Rule 17: 1. Supreme Court Landmark - Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate (2009) 4 SCC 410: The Supreme Court held that the power under Rule 17 is essentially that of the Court to clarify ambiguities. It is NOT intended to enable a party to recall a witness to fill in omissions, re-examine on new facts, or dilute statements made during cross-examination. 2. K.K. Velusamy v. N. Palanisamy (2011) 11 SCC 275: Clarified that where a party genuinely needs to place newly discovered material on record, the remedy is not Rule 17, but an application to reopen evidence under Section 151 CPC.
हिंदी पाठ
न्यायालय वाद के किसी भी प्रक्रम पर किसी ऐसे साक्षी को पुनः बुला (Recall) सकेगा जिसकी परीक्षा की जा चुकी है और (तत्समय प्रवृत्त साक्ष्य विधि के अधीन रहते हुए) उससे ऐसे प्रश्न पूछ सकेगा जैसे न्यायालय ठीक समझे।