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TMI Blog2025 (5) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... view Petition No.117/2025. The Review Petition came to be rejected vide Order dated 27-2-2025. 5. In such circumstances, the petitioner seeks to challenge both the orders referred to above. 6. Order 18 Rule 17 reads as under:- "17. The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit." 7. This Rule provides the Court with a power which is necessary for the proper conduct of a case. If it appears to a court trying the suit at any stage of the proceedings that it is necessary to recall and further examine a witness it can always do so. This power can be exercised even at the stage of writing a j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given to such questions, without the leave of the court. Under that rule therefore, a witness cannot be recalled at the instance of a party for the purpose of examining, cross examining or re-examining, and that rule is not intended to serve such purpose, and the purpose for which that rule can be invoked is the one that is indicated above. 9. In this connection, we may refer to the following observations in Sultan Saleh Bin Omer v. Vijayachand Sirmal [A.I.R. 1966, A.P. 295.], which accords with the above view: "A close reading of this rule makes it obvious that the right under that Rule to put question at any stage or a suit or recall any witness for that purpose, is given to the Court. The court can put questions to the witness recalle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 read as under: "9. Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or crossexamination or to place additional material or evidence which could not be produced when the evidence was being recorded. Order 18 Rule 17 is primarily a provision enabling the court to clarify any issue or doubt, by recalling any witness either suo motu, or at the request of any party, so that the court itself can put questions and elicit answers. Once a witness is recalled for purposes of such clarification, it may, of course, permit the parties to assist it by putting some questions. 10. Order 18 Rule 17 of the Code is not a provision intended to enable the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X
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