Supreme Court · 2016 INSC 206 · Decided 23 February 2016
Ram Rati v. Mange Ram (D) Through LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 206 · [2016] 2 S.C.R. 9
- Case number
- CIVIL APPEAL No. 1684/2016
- Decided
- 23 February 2016
- Bench
- KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 18, 151
Headnote
Code of Civil Procedure, 1908- Order 18 r. 17-Application under - Scope of - Po11'er of the court u/r 17 is though discretionary, has to be used sparingly - The po11'er cannot he invoked to fill up the omission in the evidence already led by a 1Pitness, or for the purpose of filling up a lacuna in to either party' also cannot be a ground to be invoked u/1: J 7 - ff the court invokes the poll'er u/r. J 7, it has to see that trial is not unnecessarily protracted on that ground - However, the rigour of r. 17 does not affect the inherem powers of the court - Jn the present case, the
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