recall of witness

Ravikant Soni (Querist) 09 June 2011 This query is : Resolved
What do you think?
Can a witness be recalled in civil cases?
What is the effect of Order XVIII Rule 2(4) in this matter??

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M V Gupta (Expert) 14 June 2011
Dear Mr. Ravikant,
As u are aware Rule 2(4)of Order 18 which provided for examination of any witness at any stage has been omitted by the Amendment Act 46 of 1999. But this however does not affect the power of the Court to recall and examine a witness under Rule 17 of order 18. This is an important provision to meet the ends of justice particularly when there is discovery of new documentary or other evidence to be proved by the witness who has already been examined. For other instances pl see commentary under the above rule.

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