Case Note & Summary
The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Charitable Trust and its trustees. The dispute pertains to a trust property. During the trial, after the evidence was closed and the matter was at the stage of arguments, the applicant filed an application under Order 18 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking recall of a witness. The trial court rejected the application on the ground that the applicant failed to show sufficient cause and the application was not bona fide. The applicant then filed the present civil revision application challenging that order. The High Court examined the scope of Order 18 Rule 17 CPC, which allows the court to recall and examine a witness at any stage. The court noted that this power is discretionary and must be exercised sparingly, only when the applicant demonstrates sufficient cause and the application is made in good faith. The court found that the applicant had not provided any satisfactory explanation for the delay in filing the application and that the application appeared to be an attempt to fill gaps in the evidence. The court also observed that the inherent powers under Section 151 CPC cannot be used to bypass the specific requirements of Order 18 Rule 17 CPC. Consequently, the High Court dismissed the civil revision application, upholding the trial court's order.
Headnote
A) Civil Procedure - Recall of Witness - Order 18 Rule 17 CPC - Sufficient Cause - The applicant sought recall of a witness after the evidence was closed and the matter was at the stage of arguments. The court held that the power under Order 18 Rule 17 CPC is discretionary and can be exercised only if the applicant demonstrates sufficient cause and bona fides. The application was filed after a long delay and appeared to be an attempt to fill gaps in evidence, hence rejected. (Paras 1-10) B) Civil Procedure - Inherent Powers - Section 151 CPC - Scope - The court observed that inherent powers under Section 151 CPC cannot be invoked to circumvent the specific provisions of Order 18 Rule 17 CPC. The applicant must satisfy the conditions of the specific provision before seeking recourse to inherent powers. (Paras 5-8)
Issue of Consideration
Whether the trial court was justified in rejecting the application for recall of a witness under Order 18 Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, on the ground that the applicant failed to show sufficient cause and the application was not bona fide.
Final Decision
The High Court dismissed both civil revision applications, upholding the trial court's order rejecting the application for recall of witness.
Law Points
- Order 18 Rule 17 CPC
- Section 151 CPC
- Recall of witness
- Sufficient cause
- Bona fides
- Delay in filing application
