...passed by 5th Civil Judge Class I, Gwalior in Case No. 13-A/2013 whereby an application under Order 18 Rule 17 CPC filed by the plaintiff for recalling of witness...CPC preferred by the plaintiff for recalling and re-examination of witness has exercised the wide discretion bestowed on it under Order 17 rule 18 CPC which empowers...the court to recall any witness who has already been examined to be reexamined at any stage of the suit as the court thinks fit.3. The petitioner herein who is the defendant is unable...

...through the record.As per the record, earlier the application was filed by the defendant under Section 151 CPC for recalling the witness of the plaintiff Sh. Aklabya Das Gupta for re...the Court to recall any witness under Order 18 Rule 17 CPC and in the present case no justified reason seems to Court for recalling the witness. Also, in the earlier order...the application filed by the petitioner for recalling the witness of the respondent for re-cross examination was dismissed.I have heard learned counsel for the petitioner and have gone...

..., whereby the plaintiff/petitioner's application under Order 18 Rule 17 CPC for recalling herself as a witness, in order to clear the confusion created by the defendant...CPC for recalling herself as witness again on the averment that defendant while leading his evidence has produced Municipal Committee, Barnala record to show that entries of ownership and possession...not been put to her and she wants to clear the confusion created by the entries. This is no ground for recalling a witness. The plaintiff has produced her evidence in affirmative and now defendant is...

...petitioner filed an application under Order XVIII Rule 17 CPC seeking recalling of the witness (plaintiff) with the averments that as the witness did not co-operate at the time...the petitioner that trial court was not justified in rejecting the application for recalling of the witness and, therefore, the order impugned may also be set aside. I have heard learned counsel for...This writ petition is directed against the order dated 10.05.2012, whereby, the application filed by the petitioner under Order XVIII Rule 17 CPC seeking...

...their application under Order 18 Rule 17 of the CPC for recalling of witness Sudhir Joshi has been rejected. 2 . From a perusal of the impugned order, it is observed that the trial...purpose of enabling the parties to fill up the lacuna by recalling a witness. The plaintiffs led their evidence for a period of 4 years and during all this time they did not care for exhibiting the... 1 (PRANAY VERMA) JUDGE Order 18 Rule 17 of the CPC. A witness cannot be recalled for...

...-examine plaintiff's witness. Thereafter, petitioner moved an application under Order XVIII Rule 17 CPC for recalling plaintiff's witness however, same has been turned down by impugned order.. It is...allowing petitioner's application under Order XVIII Rule 17 CPC, trial Court is directed to recall the plaintiff's witness for cross-examination and defendant has to cross-examine the said witness on...; whereby, application filed by petitioner under Order XVIII Rule 17 read with Section 151 of CPC has been rejected and the case hasbeen fixed for defendant's evidence. Petitioner is further aggrieved...

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...26.10.2024 passed by the 2nd Civil Judge Senior Division in RCSA No.03/2015 whereby, the application filed under Order 18 Rule 17 of CPC seeking recalling of defendant witness DW/1 has been dismissed without.../Salma Begam was also examined and cross examined by the plaintiffs. Thereafter, on 26.10.2024 the application under Order 18 Rule 17 of CPC was filed by the petitioner/defendant for recalling of witness.... defendant No.5. Therefore, no requirement for recalling of defendant witness. 4. It is argued that if the contents of Order 18 Rule Rule 17 of CPC are seen then the Court...

...Section 151 of CPC, 1908 for recalling PW.3 to the witness box for further cross-examination. 2. The respondent after service of notice having entered appearance through...on condition and cost, since justice of the case warrants that, PW.3 be recalled to the witness box for further cross-examination on the next date of hearing of the suit. 4. In...

...under Order XVIII Rule 17 CPC for recalling a witness so as to have a further examination in relation to an earlier deposition alleged to have been given by the said...witness before the Chief Judicial Magistrate Court in connection with a complaint under Section 138 of the Negotiable...also that no deposition of the said court was produced before that court and that photocopies alone were produced. The right under Rule 17 of Order XVIII CPC is for the fair...

...petitioner/plaintiff sought recalling of a plaintiff's witness who was earlier examined as witness to the Will to now examine him as witness to a sale deed, the trial Court rejected the application on a...Procedure, 1908 (hereinafter referred to as 'CPC') and another under Section 151 of CPC. Vide application under Order 18 Rule 17 of CPC the...finding that the witness ie. A.K.Singh was examined on 28.06.2012 in respect of sale deed dated 03.06.1998, now he cannot be allowed to call another witness by the same name though an...

...-petitioners under Order 18 Rule 17 CPC for recalling petitioners' witness AW-4 Rakesh Kumar, has been dismissed. 2. Learned counsel for the petitioners submits that vide order dated...submitted that the said witness was cross-examined over eight 1 of 2 CR-6672-2024 -2...affirmative vide order dated 26.05.2023 and thereafter, the petitioner No.2-tenant has only examined RW-1 Surinder Kumar as his witness. 4. Learned counsel for the parties are ad idem...

...does not warrant recalling of a witness because the counsel on earlier occasion refused to cross examine the witness. An application under Order 18 Rule 17 CPC filed for...only gives power to the Court to recall a witness who has already been examined and cross examined so that some clarificatory questions can be put to him. Order 18 Rule 17 CPC...the purpose of recalling a witness earlier refused by the counsel to examine, is a gross misuse of the provisions of law. Once a witness is tendered for cross examination, the defendant's counsel is...

...dated 12.04.2017, passed by Civil Judge (Jr. Division), Naraingarh, whereby application filed by the respondent/defendants under Order 18 Rule 17 CPC for recalling the official witness i.e. Clerk... filed by the defendants for recalling Dinesh Kumar, Clerk, Record Room, Ambala Courts for his re-examination. The trial court considering the fact that documents...mentioned in the application are necessary to be proved, has allowed the same. I find no infirmity with the order. It reveals that on 13.2.2017, when the aforesaid official witness namely, Dinesh Kumar was...

...filed an application for recalling witness under Order 18 Rule 17-A CPC; thereafter another application under Section 2 of 3... 151 CPC for recalling of order dated 8.11.2021 was filed on 31.10.2022, which was rightly dismissed. There was absolutely no reason to recall the orders closing the evidence ...order of the Court and to recall any witness without any justifiable reason. 4. I find that no fault can be found with the orders passed by the trial Court and no reason...

..., an application under section 114 CPC recalling order dated 10.05.2007 discharging the said witness was also dismissed by my Ld. Predecessor by order dated 09.07.08 However, after discharging the...CPC filed by plaintiff recalling order dated 14.01.2009 is dismissed.” (underlining added)3. In view of the above I do not find any flaw in the impugned order requiring exercise of.... The impugned order also records that the High Court order dated 3.10.2006 in CRP No. 689/1997 granted opportunity to the plaintiff to only summon the witness from MCD for proving certified copies of...

...recalling of a witness of the defendant. The provision under Order 18 Rule 17 CPC which gives the power to the Court to recall a witness is only an enabling provision giving...the said power to the Court and there is no right 2 of 3 vested in a party to seek recalling of a witness of the other...party moreso after he has been examined. Moreover, under Order 18 Rule 17 CPC the Court has the power to put such questions as the "Court" thinks fit to the witness who is recalled...

.... 13. It is not a case where the CPC has not made any provision for recalling the witness. Once a provision has made in form of Rule 17 Order 18 of the CPC restricting ...the cpc cannot be applied for recalling a witness, which is otherwise not made permissible in CPC. 14. Even otherwise a reading of the subject application would clearly indicate...the provisions contained under Order 18 Rule 17 of the CPC enables the Court to recall a witness and put questions and the same cannot be invoked at the instance of a party...

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...case is pending for defendant's evidence. At this stage the plaintiff moved application under Order 18 Rule 17 CPC for recalling his witness. The application was opposed by the...his application under Order 18 Rule 17 CPC for recalling his witnesses. The facts of the case are that the plaintiff filed a suit (34/02/1996) for specific performance of...impugned order dismissing the plaintiff's application for recalling his witnesses indicates that issues in the suit were framed on 7-10-1991. The plaintiff had over twenty four years to have his witnesses...