Shubhkaran Singh vs Abhayraj Singh 2025 INSC 628 - Order XVIII Rule 17 CPC - S.165 Evidence Act
Code of Civil Procedure 1908 - Order XVII Rule 17 - If it appears to a court trying the suit at any stage of the proceedings that it is necessary to recall and further examine a witness it can always do so. This power can be exercised even at the stage of writing a judgment by the court. It is, however, proper that this power should not be exercised lightly and the rule is that it should be used sparingly and in exceptional cases only. The power is to be used for removing ambiguities, for clarifying the statement and not for the purposes of filling up the lacuna in a party's case. It is true that the power can be exercised by the Court at its own initiative and may even be so done at the instance of a party. (Para 7) The right to put questions to the witness recalled under Rule 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 -Witness cannot be recalled at the instance of a party for the purpose of examining, cross examining or re-examining, and that rule is not intended to serve such purpose, and the purpose for which that rule can be invoked is the one that is indicated above- If circumstances warrant, an opportunity to a party to recall a witness for examining, cross- examining or re-examining can be granted by a Court in the exercise of its inherent jurisdiction under Section 151 C.P.C. (Para 8-10)
Indian Evidence Act 1872 - Section 165 [Bharatiya Sakshya Adhiniyam 2023 – Section 168] - Code of Civil Procedure 1908 - Order XVII Rule 17 - If the provisions of Order 18 Rule 17 are read along with the provisions of Section 165 of the Evidence Act it is clear that the power to recall and re-examine a witness is exclusively that of the court trying the suit. The 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- (Para 7)
