AIR 1998 MADRAS 323 ::1998 (1) MadLW 778 ::(1998) 2 CurCC 9

Madras High Court

Hon'ble Judge(s): M. Karpaga Vinayagam , J

Civil P.C. (5 of 1908) , O.18 R.17— Recalling plaintiff for re-cross examination - Right of Court, as to - Can be exercised by Court on application of defendant and not restricted to action of its own motion. Evidence Act (1 of 1872) , S.137, S.138— The trial Court has got powers to re-call the @page-Mad324 palintiff for re-cross examination under Order 18, Rule 17 of the Code of Civil Procedure on the application filed by the defendant independent of Section 151, C.P.C. The powers of the Court to act under Order 18, Rule 17 are very wide. It is also clear that this power is purely discretionary. However, the same ought to be exercised with the greatest care and only in the most peculiar circumstances. The right of the Court to act under this rule is not restricted to action of its own motion.(Para 24) Where there was no reference about documents in question in the plaint nor was there any evidence with reference to documents in the form of the deposition either in the chief or in the cross-examination by the plaintiff and the documents on behalf of the plaintiff were marked only during the cross-examination of the defendant by the plaintiff's counsel, the application by the defendant under Order 18, Rule 17 for recalling plaintiff for re-cross examination was entitled to be allowed ....