Civil Procedure code
Jithendra.H.J
(Querist) 04 March 2009
This query is : Resolved
it is reported in ILR 1996 KAR (Sujatha Vs Indain Bank, and it is held that if oonce case posted for judgment, no application to recall or advance hearing for any other purpose.
it means onece the case is posted for judgment it cannot reopened, is there any recent judgment that the case can be reopended?
AEJAZ AHMED
(Expert) 05 March 2009
DEAR JITHENDRA,
Order 18, Rule 17 of C.P.C. gives power to the Court to recall at any stage of the suit any witness who has been examined and to put such questions to him as the Court thinks fit.
This is entirely different from Rule 17-A of C.P.C. which enables either party to file petition for reopening the suit and to recall any witness for adducing additional evidence including marking of additional documents. The object of introduction of Rule 17-A is to minimise the invoking of Order 41, Rule 27 of C.P.C. at the appellate stage.
It is well settled that additional evidence can be adduced even at the appellate stage and that if that be so, there is no prejudice to the other side if the opposite party is permitted to duce evidence in the suit itself, because there will be sufficient opportunity for him to cross-examine the witness.
Kindly go through the following Order:
http://indiankanoon.org/doc/715103/
