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Head Note

The Code of Civil Procedure, 1908  - Section 151 , Order XVIII Rule (17)

Two applications - Re-open evidence - Dismissed - Suit for specific performance - Trial court - Evidence of both parties concluded - Arguments heard in part - Applications were intended - Only to delay - Dismissed - High Court affirmed said orders - Appeals - Whether applications for reopening/recalling ought to have been allowed - No specific provision in Code - Enabling parties to re-open evidence - Further examination-in-chief or cross-examination - Inherent power under section 151 of Code - Subject to its limitations - Can be invoked in appropriate cases - Re-open evidence and/or recall witnesses for further examination -Inherent power of court - Not affected by express power conferred upon court under Order 18 Rule 17 - Recall any witness to enable court to put such question to elicit any clarifications - Neither trial court nor High court - Considered - Question whether it was a fit case for exercise of discretion under section 151 or Order 18 Rule 17 of the Code - Impugned orders set aside - Appeals partly allowed.

Topic(s)-

Important Decision(s)- 

• Inherent power under section 151 of Code - Subject to its limitations - Recall witnesses.
• O 18 R 17 of Code - Recall any witness to enable court to put such question to elicit any clarifications.