Recall of Witness -- Recall to Prove Documents of Opposite Party -- Power under O.18 R.17 CPC limited to Court seeking clarification, not for parties to fill evidentiary gaps
(i) Civil Procedure Code, 1908, O.18 R.17 -- Recall of Witness -- Scope of Power -- Power under Order 18 Rule 17 CPC vests in the Court and is meant for clarification of evidence already on record. It cannot be invoked by a party to re-examine, cross-examine, or introduce additional evidence through the witness sought to be recalled. (ii) Civil Procedure Code, 1908, O.18 R.17 -- Recall of Witness -- Recall to Prove Documents of Opposite Party -- A party cannot seek recall of a witness of the opposite side, such as the Managing Director of a bank, to prove its own documents, as this falls outside the scope of Order 18 Rule 17 CPC. Such party may instead examine the concerned bank official in its own evidence.
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