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sureshkumar g r (lawyer)     16 September 2014

Order 18 rule 17 cpc

Dear lawyer friends ,

Here arise a situation in which " the Defendant in a Suit had filed a C.R.P at apellate Court to set aside the following order of a district judge in an I.A filed under Order 18 Rule 17 CPC.  In the I.A the defendant who was chief examined and cross examined prayed to recall him to file additional proof affidavit  to rectify  the mistakes he had committed in the proof affidavit. under the pretext of typographical errors. I searched a lot to find a relevant citation which i find it difficult. The famous M/s Bagai Constructions Vs Gupta material stores is specific about the " filling  up of  lacunae" but i wanna a specific citation. Thank you friends in anticipation


 2 Replies

M V Gupta (Advocate)     18 September 2014

Dear Mr. Suresh Kumar, I remember u had discussed this issue with me over  telephone. I remember that I mentioned to u the decision of the Kolkatta HC in Shyamapada V Asoke reported in 71, Cal WN 747. In that judgement the court held when evidence of both parties has been closed court cannot allow recalling of witness to fill up a lacuna. This judgement may help u. pl check full text.

T. Kalaiselvan, Advocate (Advocate)     25 September 2014

You may pursue the citation quoted by the above expert, which may suit  your case, i.e., filling up lacuna.

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