Can we call new witness after closing of evidence ?

Querist : Anonymous (Querist) 05 March 2018 This query is : Resolved
I represent the plaintiff in divorce case on grounds of cruelty. parties eloped & married and now dont want to live togerther. Case is now ex-parte. In evidence I have given sms conversation b/w parties. Court now wants to prove phone number belongs to respondent. I am not sure if respondent has number in her own name or not. Evidence is now closed and on last date matter was listed for arguments and court asked to involve mobile service provider. Can I call mother of Plaintiff at this stage who I did NOT call before to give evidence that respondent never came and lived in the matrimonial home and that she sent the abusive SMSs and etc... Do I need to move any application to get her evidence admitted,under which section? Please Please Help Me. Thanks in advance

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Ms.Usha Kapoor (Expert) 06 March 2018

9. There is no specific provision in the Code enabling the parties to re- open the evidence for the purpose of further examination-in-chief or cross- examination. Section 151 of the Code provides that nothing in the Code shall be deemed to limit or otherwise affect the inherent powers of the Code to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the court. In the absence of any provision providing for re-opening of evidence or recall of any witness for further examination or cross-examination, for purposes other than securing clarification required by the court, the inherent power under section 151 of the Code, subject to its limitations, can be invoked in appropriate cases to re- open the evidence and/or recall witnesses for further examination. This inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to recall any witness to enable the court to put such question to elicit any clarifications.

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Querist : Anonymous (Querist) 07 March 2018
Thank you for the answer !!

Kumar Doab (Expert) 07 March 2018
AQ so NO reply……………

Kumar Doab (Expert) 07 March 2018
Pls post with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….

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