Order XVIII Rule 17: Court may recall and examine witness

Questions on this rule

1 question in 6 of our papers cite Order XVIII Rule 17. Try these from the free papers:

1. 1. In K.K. Velusamy v. N. Palanisamy (2011), the defendant applied, before the conclusion of arguments, to reopen the evidence and recall the plaintiff and an attesting witness to confront them with recorded conversations. On Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908, the Supreme Court held that:

   A.neither Rule 17 nor Section 151 permits the evidence to be reopened once both parties have closed their evidence in the suitB.Section 151 can never be invoked to reopen evidence, because Rule 17 is the exhaustive provision on the recall of witnessesC.Rule 17 is mainly for the Court to clarify its doubts and not for parties to fill gaps, but Section 151 may in a proper case be used to reopen evidenceD.Rule 17 entitles either party, as of right, to recall any witness at any stage before judgment in order to fill up omissions in the evidence already led
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