Nand Lal Singh v. Sita Ram Singh And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.32 of 2016 ====================================================== Nand Lal Singh .... .... Appellant/s
Versus
Sita Ram Singh & Ors .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Chandra Kant For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-05-2016 Heard the learned counsel, Mr. Chandrakant, for the petitioner.
By the impugned order dated 04.03.2016, the learned Sub Judge 8th Siwan rejected the application filed by the plaintiff petitioner for recall of three P.W.'s for their further examinationin-chief. From perusal of the impugned order, it appears that the Court below recorded finding that on the ground mentioned in the application and supported by the petitioner before the Court below, the witness cannot be recalled for their further examination.
The Hon'ble Supreme Court in the case of Vadiraj Naggappa Vernekar Vs. Sharad Chand Prabhakar Gogate AIR 2009 SC 1604 has held that 'the power under the provisions of
Patna High Court C.Misc. No.32 of 2016 (2) dt.03-05-2016 2/2 Order 18 Rule 17 is to be sparingly exercised and in appropriate cases and not as a general rule merely on the ground that his recall and re-examination would not cause any prejudice to the other parties. Such power is to be invoked not to fill up the lacunae in the evidence of the witnesses which has already been recorded but to clear any ambiguity that may have arisen during the course of his examination. In the present case the Court below considering the facts and circumstances found that in fact fill up the lacunae, the application has been filed and the ground is raised that after their recall for reexamination, no prejudice will be caused to the other side. In view of the above settled principle of law, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed.
(Mungeshwar Sahoo, J) Sanjeev/- U