Interpreting Order XVIII Rule 3-A CPC on Parties Entering Witness Box at Later Stages

sketch of the Bombay High Court
Case
SUDHAKAR BHAURAO PATIL v. VIJAY LILADHAR SURYWANSHI AND OTHERS (Bombay High Court, 10-09-2026)
Law
Code of Civil Procedure, Indian Evidence Act, Constitution of India.

Highlights of the Judgment:

  • Interpretation of the phrase "at a later stage" under Order XVIII Rule 3-A of the Civil Procedure Code, 1908.
  • Examination of whether a party who examined a Power of Attorney can later enter the witness box after the entire trial concludes.
  • Distinction between recalling a witness under Order XVIII Rule 17 and introducing a completely new witness at the stage of final hearing.
  • Limits of invoking Section 151 of the CPC to fill up evidentiary lacunae or correct substantial procedural defects.
  • Scope of High Court interference under Article 227 of the Constitution of India in discretionary trial court orders.