Additional evidence in divorce case

Your evidence is already closed which shall not be allowed to be supplemented by fresh evidence.

You file certified copy of judgment in 498a IPC complaint case at the time of argument to support your allegation of false criminal case being made by your wife thus proving her act of cruelty. The evidence is already closed and fresh evidence can not be allowed which couldn't be produced despite due diligence or was not previously know because rule 17A of Order 8 CPC has been deleted since 2002. However court may recall and examine at any stage of a suit any witness who has been examined under order 8 rule 17 CPC, but this under the discretionary power of the court for which you may move application to allow you to be re-examined by court on the basis of section 498a IPC complaint decision but there is no guarantee if court will allow this.

With reference to your query I want to express my opinion that the order 18 rule 17 cpc empowers the court to recall at any stage a witness who has been examined and cross-examined. The  court is having power to recall any witness for the purpose of clarification of any ambiguity noticed.  The court is having ever power in Suo motu or at the instance of the parties to the suit. There are number of Supreme court judgments and high court judgments the trail court is having power to recall the plaintiff or complainant for re-cross examination under order 8 rule 17 cpc on the application filed by the defendant read with section 151 cpc. The right of court did not restricted to action of its own motion. If you want I will provide judgments.

manoj

advocate

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