Latest JudgementCode of Civil Procedure, 1908
Shubhkaran Singh v. Abhayraj Singh & Ors., 2025
The Subject is to define the limited scope of recalling witnesses under Order XVIII Rule 17 CPC that is clarification by court only, not for party-led cross-examination.
Supreme Court of India·6 May 2025
Code of Civil Procedure, 1908
Judgement Details
Court
Supreme Court of India
Date of Decision
6 May 2025
Judges
Justice J.B. Pardiwala ⦁ Justice R. Mahadevan
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
- The appellant filed an application under Order XVIII Rule 17 CPC before the trial court seeking to recall a witness for further cross-examination.
- The trial court dismissed the application. The appellant challenged this before the High Court, which also refused to interfere.
- The appellant then approached the Supreme Court seeking relief.
Issues
- Whether a party can recall a witness under Order XVIII Rule 17 CPC for further examination or cross-examination?
- Whether the power under Order XVIII Rule 17 CPC is confined to the court's use for clarification purposes only?
- Whether parties can invoke Section 151 CPC to recall a witness in exceptional cases?
Held
- A party cannot seek recall of a witness under Order XVIII Rule 17 CPC for further cross-examination.
- The court alone can recall a witness under this rule to seek clarification.
- Parties may request such a recall only under Section 151 CPC, and even then, it's subject to the court’s discretion.
Analysis
- This decision reaffirms the limited scope of Order XVIII Rule 17 CPC, echoing earlier rulings such as K.K. Velusamy v. N. Palanisamy, (2011) 11 SCC 275.
- The court emphasized the need to prevent misuse of procedural provisions that could allow parties to fill gaps in their evidence after the trial has progressed.
- The judgment strikes a balance between judicial efficiency and fair trial principles, by allowing recall only in exceptional situations through inherent powers, ensuring that this does not become a tool for delay or abuse of process.