Limits of Order XVIII Rule 17 CPC in Recalling Witnesses and Reopening Evidence
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Case: K. BHARATHAMMA v. BANDARU SAKKU BAI
Court: Supreme Court of India
Date: 04-08-2026
Law: Code of Civil Procedure, Indian Evidence Act.
Highlights of the Judgment:
- Analysis of the scope and discretionary nature of Order XVIII Rule 17 of the Code of Civil Procedure, 1908.
- Interpretation of whether recalling witnesses can be permitted to fill up lacunae or omissions in evidence.
- Examination of the principle that the absence of prejudice to the opposite party is insufficient to invoke witness recall.
- Interaction between Order XVIII Rule 17 CPC and Section 165 of the Indian Evidence Act, 1872.