Recall of Witness -- Scope of Court's Discretionary Power -- Power to recall witness is confined to clarifying doubts and cannot fill lacunae in evidence
(i) Civil Procedure Code, 1908, O.18 R.17 -- Recall of Witness -- Scope of Court\'s Discretionary Power -- Power to recall and re-examine a witness is a discretion vested exclusively in the court to clarify doubts arising during examination. It cannot be invoked by a litigant to fill lacunae in evidence, introduce omitted material, or elaborate upon left-out points. (ii) Civil Procedure Code, 1908, O.18 R.17 -- Recall of Witness -- Cross-Examination of Recalled Witness -- Recall of a witness under this provision is meant for examination by the court itself and does not extend to permitting cross-examination by either party. Directions allowing such cross-examination fall outside the scope of this provision. (iii) Civil Procedure Code, 1908, O.18 R.17 -- Reopening of Evidence -- Theory of No Prejudice -- Absence of prejudice to the opposing party does not by itself constitute valid ground for reopening evidence or recalling a witness. Independent justification must exist for invoking such power, particularly when sought at the fag end of a trial.
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