Case Note & Summary
The present appeal arises from an order dated 20.11.2019 passed by the Senior Civil Judge, 'A' Court, Bicholim, in Special Inventory Proceeding No.1/2011/A, rejecting the appellant's applications (Exhibits D-48 and D-49) for recall of witnesses for cross-examination. The appellant, Smt. Jayshree N. Rajebhosale @ Bimabairauji Rane, acting through her Power of Attorney, is one of the parties in the inventory proceedings concerning the estate of Babajirao Raujirao Rane, who died intestate on 04.01.2011. The inventory was initiated by the widow, Smt. Sujata Babajirao Rane, on 24.01.2011 under Article 1369 of the Goa Succession, Special Notaries and Inventory Act, 2012. During the proceedings, the appellant sought to recall certain witnesses who had already been examined-in-chief, claiming that she had not been given a proper opportunity to cross-examine them. The trial court, after hearing the parties, dismissed the applications on the ground that the appellant had failed to show sufficient cause for recall and that the applications were filed belatedly. Aggrieved, the appellant filed the present appeal under Section 451 of the Goa Succession Act. The High Court heard the arguments of the counsels for both sides. The appellant's counsel argued that the trial court had erred in denying the right to cross-examine, which is a fundamental right. The respondents countered that the appellant had ample opportunity earlier and that the recall was sought only to delay proceedings. The High Court, after perusing the record, found that the trial court had exercised its discretion judiciously and that the appellant had not demonstrated any legal infirmity or perversity in the order. The court noted that the power to recall witnesses is discretionary and must be exercised sparingly, and that the appellant had not provided any valid reason for the delay. Consequently, the appeal was dismissed, and the order of the trial court was upheld.
Headnote
A) Civil Procedure - Recall of Witnesses - Sufficient Cause - Goa Succession, Special Notaries and Inventory Act, 2012, Section 451 - The appellant sought recall of witnesses for cross-examination after they were examined-in-chief, but the trial court rejected the application for lack of sufficient cause. The High Court upheld the order, holding that the discretion exercised by the trial court was not perverse or arbitrary and that the appellant failed to demonstrate any legal error. (Paras 3-10) B) Succession Law - Inventory Proceedings - Cross-Examination - Goa Succession, Special Notaries and Inventory Act, 2012 - In inventory proceedings, the right to cross-examine witnesses is not absolute and is subject to the court's discretion. The court may refuse recall if the applicant had prior opportunity or if the application is belated and lacks justification. (Paras 5-9)
Issue of Consideration
Whether the trial court erred in rejecting the application for recall of witnesses for cross-examination under the Goa Succession, Special Notaries and Inventory Act, 2012.
Final Decision
The High Court dismissed the appeal, upholding the trial court's order dated 20.11.2019 rejecting the applications for recall of witnesses.
Law Points
- Recall of witnesses
- Sufficient cause
- Discretion of trial court
- Goa Succession
- Special Notaries and Inventory Act
- 2012
- Section 451
- Cross-examination
- Power of Attorney
