SHUBHKARAN SINGH v. ABHAYRAJ SINGH
Discusses interpretation of procedural law, court powers, and principles of judicious application of legal provisions.
Court: Supreme Court of India
Citation: 2025 INSC 628
Decision Date: 05-05-2025
List of Laws
Code of Civil Procedure, 1908 (CPC); Indian Evidence Act, 1872; General Principles of Law
- Code of Civil Procedure, 1908 (CPC): The judgment extensively discusses Order 18 Rule 17 CPC, which pertains to the power of the court to recall and examine witnesses. The court emphasizes that this power is primarily for clarifying issues or doubts and not for enabling parties to fill lacunae in their cases. The judgment quotes Order 18 Rule 17: “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.” The judgment clarifies that the right to question a recalled witness is vested in the court, and cross-examination by parties is not ordinarily permitted without the court's leave. The judgment also refers to Section 151 CPC, concerning the inherent powers of the court, stating that recalling a witness for examining, cross-examining, or re-examining can be granted by a Court in the exercise of its inherent jurisdiction under Section 151 C.P.C. The judgment cites Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate, reported at (2009) 4 SCC 410, particularly para 28, emphasizing that the power under Order 18 Rule 17 CPC is to be sparingly exercised. The judgment also cites K.K. Velusamy v. N. Palanisamy reported at (2011) 11 SCC 275, discussing the power of the Court under Order 18 Rule 17 of CPC.
- Indian Evidence Act, 1872: The judgment refers to Section 165 of the Evidence Act, which empowers a judge to ask any question to a witness at any time to discover or obtain proper proof of relevant facts. The judgment notes that parties are not entitled to object to such questions or cross-examine the witness without the court's permission. The judgment states, "Section 165 of the Evidence Act provides that a Judge may in order to discover or obtain proper proof of relevant facts, ask any question he pleases in any form at any time of any witness about any fact relevant." The judgment further clarifies that the power to recall and re-examine a witness is exclusively that of the court trying the suit when considering Order 18 Rule 17 CPC along with Section 165 of the Evidence Act.
- General Principles of Law: The judgment discusses the principle that courts should exercise their powers, especially those related to recalling witnesses, judiciously and sparingly. It emphasizes that the process should not be used as a delaying tactic or to fill gaps in a party's case. The judgment highlights the importance of expediting trials and cautions against the routine use of Section 151 or Order 18 Rule 17 of the Code.
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