Additional Evidence -- Recall of Witness -- Court has inherent power to allow additional evidence for just adjudication but power is exceptional and not routine
(i) Civil Procedure Code, 1908, S.151 -- Additional Evidence -- Recall of Witness -- Court possesses inherent power to permit additional evidence or recall a witness where necessary for just and effective adjudication. This power is exceptional and cannot be invoked routinely to let a party fill gaps in evidence already led, improve its case, or delay proceedings. Applicant must show relevance of the proposed evidence and bona fide necessity for its production at the stage when the application is made. (ii) Civil Procedure Code, 1908, S.151, O.18 R.17 -- Divorce -- Narco Analysis and DNA Test on Wife -- Wife cannot be compelled to undergo narco-analysis, polygraph, or DNA testing without her consent. Husband failed to show relevance or necessity of such tests on allegations of sexual incapacity. Since the allegations of impotence were made by the wife, the burden to prove them lies on her. Court cannot collect evidence on behalf of a litigant or fill gaps that a party is bound to fill itself.
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