sree rama kumar (none) 28 February 2021
I am plaintiff in one case. For cross examination the counsel for defendant took 3 adjournments. On the next date,I attended the court but the counsel for defendant did not appear. The Judge recorded the cross examination as nil. Now my doubt is whether the counsel for defendant can request for recall of my cross examination ? If so what is the time limit for that?
Nirali Nayak 13 June 2021
Hello sir, greetings of the day.
In order to answer your query, I would like to state Order 18 Rule 17 of the Civil Procedure Code which deals with the recall and re examination of a witness by the court. It states that, the court may at any phase of a suit recall any witness who has been examined and may (subject to the law of evidence in power) put such inquiries to him as the court might suspect fit. Therefore this provision gives the Court the suo moto power to recall a witness in order to clarify an issue. Also according to the Section 138 and Section 154 of the Indian Evidence Act, a witness can be recalled at any time of the proceedings and there is no such time limit imposed.
Hence, the counsel for defendant can request for recall of your cross examination any time during the court proceedings, and there is no limit imposed on that.
Hope this solves your problem
Regards
Nirali Nayak
Law Student
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