LexSHUBHKARAN SINGH versus ABHAYRAJ SINGH & ORS.
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[2025] 6 S.C.R. 601 : 2025 INSC 628 Shubhkaran Singh v. Abhayraj Singh & Ors. (Special Leave Petition (Civil) No(s). 12012-12013 of 2025) 05 May 2025 [J.B. Pardiwala and R. Mahadevan, JJ.] Issue for Consideration Whether the petition filed by the petitioner herein u/Or.18 Rule 17, Code of Civil Procedure, 1908 was rightly rejected by the High Court. Headnotes† Code of Civil Procedure, 1908 – Or.18, r.17 – Court may recall and examine witness – Power under – Scope – High Court rejected the petition filed by the petitioner u/Or.18, r.17 – Correctness: Held: Power to recall and re-examine a witness is exclusively that of the court trying the suit – Parties to the suit cannot take any objection to the question asked nor can they be permitted to cross-examine any witness without the leave of the court – The right to put questions to the witness recalled u/r.17 is given only to the court and even cross-examination is not ordinarily permitted on the answers given to such questions, without the leave of the court – Therefore, u/r.17 a witness cannot be recalled at the instance of a party for examining, cross examining or re-examining – However, if circumstances warrant, an opportunity to a party to re-call a witness for examining, cross-examining or re-examining can be granted by a Court in the exercise of its inherent jurisdiction u/s.151, CPC – Power u/Or.18, r.17 is to be used for removing ambiguities, for clarifying the statement and not for filling up the lacuna in a party’s case – This power should be used sparingly and in exceptional cases only – SLPs dismissed – Evidence Act, 1872 – s.165. [Paras 7, 8, 10, 13] Code of Civil Procedure, 1908 – Or.18, r.17 – Court may recall and examine witness – Power u/Or.18, r.17 – Scope and exercise of. [Paras 7, 8, 12] 602 [2025] 6 S.C.R. Supreme Court Reports Case Law Cited Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate [2009] 2 SCR 1071 : (2009) 4 SCC 410; K.K. Velusamy v. N. Palanisamy [2011] 4 SCR 31 : (2011) 11 SCC 275 – referred to. Sultan Saleh Bin Omer v. Vijayachand Sirmal, AIR 1966, AP 295 – referred to. List of Acts Code of Civil Procedure, 1908; Evidence Act, 1872. List of Keywords Order 18 Rule 17 of the Code of Civil Procedure, 1908; Power to recall and re-examine a witness; Witness recalled under Order 18 Rule 17; Right to put questions given only to the court; Cross- examination of witness; Without the leave of the court. Case Arising From EXTRAORDINARY APPELLATE JURISDICTION : Special Leave Petition (Civil) No(s). 12012-12013 of 2025 From the Judgment and Order dated 07.01.2025 and 27.02.2025 of the High Court of Madhya Pradesh Principal Seat at Jabalpur in MP No. 7264 of 2024 and RP No. 117 of 2025 respectively Appearances for Parties Advs. for the Petitioner: Md. Naushad Alam, Sandeep Kumar Pathak, Vinit Upadhyay, Saurabh Kansal. Judgment / Order of the Supreme Court Order 1. Exemption Application is allowed. 2. Heard the learned counsel appearing for the petitioner. 3. This petition arises from the order passed by the High Court of Madhya Pradesh at Jabalpur dated 7-1-2025 in Miscellaneous Petition No.7264/2024 by which the petition filed by the petitioner – herein [2025] 6 S.C.R. 603 Shubhkaran Singh v. Abhayraj Singh & Ors. under the provisions of Order 18 Rule 17 of the Civil Procedure Code (for short, “CPC”) came to be rejected. 4. It appears that the petitioner – herein also preferred a Review Petition No.117/2025. The Review Petition came to be rejected vide Order dated 27-2-2025. 5. In such circumstances, the petitioner seeks to challenge both the orders referred to above. 6. Order 18 Rule 17 reads as under:- “17. The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.” 7. This Rule provides the Court with a power which is necessary for the proper conduct of a case. If it appears to a court trying the suit at any stage of the proceedings that it is necessary to recall and further examine a witness it can always do so. This power can be exercised even at the stage of writing a judgment by the court. It is, however, proper that this power should not be exercised lightly and the rule is that it should be used sparingly and in exceptional cases only. The power is to be used for removing ambiguities, for clarifying the statement and not for the
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