Recalling the witness for cross examination
T.R. Ganesan
(Querist) 21 December 2012
This query is : Resolved
In one of the Matrimonial matters the Petitioner had submitted an application for a directions to Respondent to produce certain documents and the Court after hearing the parties directed the Respondent to produce the documents but imposing a penalty on Petitioner to pay Rs. 2000/= for asking the production of documents at a very late stage. However, on the date of receipt of the copy of certified copy of the order, the Pensioner's Advocate declared to the Court that the Respondent Witness was under cross examination is over. The Advocate on record also withdrawn his appearance and given his NOC for appointment of another Advocate, who wanted to make an application for recalling the Witness the Respondent for further Cross Examination. Can this be permissible under the law and if so under which provisions of law the Court can allow the re-cross examination of discharged witness. Experts opinion is respectfully solicited
Raj Kumar Makkad
(Expert) 21 December 2012
Such application is generally moved under order 18 Rule 17 read with section 151 of CPC. The powers under O.18, R.17 of the Code are to be exercised by the Court in appropriate cases, if it is felt necessary by the concerned Court. However, the power under O.18, R.17 is to be exercised by the Court itself by asking the questions or clarification from the witness. However, the said powers under O.18, R.17 cannot be invoked or exercised allowing the parties to examine or cross-examine the witness.
N RAMESH.
(Expert) 22 December 2012
Recalling a Witness for further Cross Examination is permissible under the provisions of Order 18 Rule 17 of Civil procedure Code.
Normally Court will and shall allow this kind of application.
