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Re-cross examination under order 18 rule 17 of cpc

Querist : Anonymous (Querist) 07 August 2017 This query is : Resolved 
I filed a specific performance case for getting registered 5 bigha land for which I entered into a registered agreement and paid full amount in 2005. Respondent is lingering on the matter and the case is pending for last twelve years. Petitioner’s evidence was closed six months ago. Respondent is taking dates by submitting some pleas and now he submits some documents:- 1.Copy of petition between one of the respondents and petitioner u/s 138 in which petitioner has won the case. 2. Memorandum and Articles of Association of Respondent’s company. Even though, the respondent had raised questions regarding the submitted documents in the cross-examination of the petitioner which was held 3 years before the submission of the documents and the petitioner had replied the question, the respondent submits an application to again cross-examine the petitioner stating that they are required to ask some questions on the documents filed by them now under order 18 rule 17 of CPC. Is it permissible? It is just a delay tactics of the respondent.
Rajendra K Goyal (Expert) 07 August 2017
No reply to query from an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.
Ms.Usha Kapoor (Expert) 08 August 2017
As per order 18 rule 17 the court may at any stage of the suit after his examination subsequent to the proceeding recall him for examination and would put such question to him as it thinks fit. Of course with the court's permission the opposite party may recross examine the plaintiff.



17. Court may recall and examine witness.- The court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the court thinks fit.It is the court that puts questions to him after his recall for examination cross or otherwise and not the opposite party.Of
Ms.Usha Kapoor (Expert) 08 August 2017
As per order 18 rule 17 the court may at any stage of the suit after his examination subsequent to the proceeding recall him for examination and would put such question to him as it thinks fit. Of course with the court's permission the opposite party may recross examine the plaintiff.



17. Court may recall and examine witness.- The court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the court thinks fit.It is the court that puts questions to him after his recall for examination cross or otherwise and not the opposite party.Of course with court's permission opposite party/defendant recross examine the plaintiff under order 18rule 17.
Ms.Usha Kapoor (Expert) 08 August 2017
If you appreciate the above answer please click the like button.
R.K Nanda (Expert) 08 August 2017
agree with reply of Ms.Usha Kapoor.
Ms.Usha Kapoor (Expert) 08 August 2017
Thank you Nanda Sir for agreeing with me and also giving me a like. You once again send friend request to me. The old one is missing..
Ms.Usha Kapoor (Expert) 25 June 2018
I stick to my above opinion.
Ms.Usha Kapoor (Expert) 25 June 2018
I stick to my above opinion.


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