AIR 2009 SUPREME COURT 1604 ::2009 AIR SCW 2518 ::2009 (3) AIR Bom R 577 ::(2009) 107 RevDec 770 ::(2009) 2 WLC(SC)CVL 455 ::(2009) 2 All RentCas 232 ::(2009) 2 CivilCourtC 553 ::2009 (4) SCC 410 ::(2009) 2 RecCivR 508 ::(2009) 4 Scale 90 ::(2009) 4 AllMR 459 (SC) ::(2009) 76 All LR 229 ::(2009) 3 Cal HN 221 ::(2009) 3 All WC 2364 ::(2009) 5 Bom CR 460 ::(2009) 5 Mad LW 52 ::(2009) 4 Mad LJ 288 ::(2009) 5 Mah LJ 142 ::2009 (4) KCCR SN 209 (SC) ::(2009) 1 RenCR 502 ::(2009) 2 Orissa LR 76 ::(2009) 3 UC 1969

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Altamas Kabir, Cyriac Joseph , JJ

Civil P.C. (5 of 1908) , O.18 R.17, S.43— Witness examined by way of affidavit evidence - Recalling of such witness for giving farther evidence regarding facts not mentioned in affidavit - Held, not permissible. Where the evidence now being sought to be introduced by recalling the witness in question, was available at the time when the affidavit of evidence of the witness of the plaintiff was prepared and affirmed and it was not as if certain new facts have been discovered subsequently which were not within the knowledge of the plaintiff when the affidavit evidence was prepared, and it was obvious that only after cross-examination of the witness that certain lapse in his evidence came to be noticed which impelled the plaintiff to file the application under Order 18 Rule 17 C. P. C. the motion for recalling was liable to be dismissed. Appeal No. 853 of 2006; D/- 1-12-2006 (Bom.), Affirmed.(Para 16 17) The power under the provisions of O. 18 R. 17 is to be sparingly exercised and in appropriate cases and not as a general rule merely on the ground that his recall and reexamination would not cause any prejudice to the parties. Such power is to be invoked not to fill up the lacunae in the evidence of the witness which has already been recorded but to clear any ambiguity that may have arisen during....