Calling back for cross-after close.
AAVADHOOT. D
(Querist) 01 March 2012
This query is : Resolved
Dear Sir,
The cross examination of plaintiff was over 2 months back,(in series of 3-4 times)& it was closed. After this, cross of defendant was over in 3-4 sessions.It was noticed by the defendant that there were some mistakes/admissions committed by him in his cross.
Now, to overcome this Def wants to call back plaintiff to confront on certain documents, marked & unmarked.
Is it permissible in law u/s 151 of cpc?
Please guide.
Adv.R.P.Chugh
(Expert) 01 March 2012
This is not at all permissible under S.151 CPC for the reason that recalling of a witness already examined for further cross examination is permitted only under O.18 R 17, however the same is not permitted as a matter of course and certainly not allowed to enable a party to fill in the lacunae or to correct his testimony already given.
R.K Nanda
(Expert) 01 March 2012
No.
R.K.NANDA-ADVOCATE
venkatesh Rao
(Expert) 01 March 2012
The plaintiff can be recalled for further cross. The court may allow the application u/o 18 r 17 if it is convinced that the documents are already produced but by inadvertence, not confronted and marked. Since the documents are already produced, there in no scope for the thought of filling the lacunae.
Deepak Nair
(Expert) 01 March 2012
I endorse the views of Mr.Chugh. The witness cannot be recalled for cross examination.
If there is any contradiction etc. in the submissions, that can be broght before the court during argument and that can be advantageous to defendant.
Advocate Bhartesh goyal
(Expert) 02 March 2012
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. I agree with the opinion expressed by Mr Venktesh Rao.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 March 2012
Similar problems are faced even in criminal cases when accused want to cross examination again the complainant whose cross is over.
Well it all depends on how you present the case and to what length you can take the matter .
Part of a SC citation=
We cannot therefore accept the contention of the appellant as a legal proposition that the court cannot exercise power of resummoning any witness if once that power was exercised, nor can the power be whittled down merely on the ground that the prosecution discovered laches only when the defence highlighted them during final arguments. The power of the court is plenary to summon or even recall any witness at any stage of the case if the court considers it necessary for a just decision. The steps which the trial court permitted in this case for resummoning certain witnesses cannot therefore be spurned down or frowned at.
