Supreme Court · 2009 INSC 245 · Decided 24 February 2009
Vadiraj Naggappa Vernekar (D) Through LRS. v. Sharad Chand Prabhakar Gogate
- Court
- Supreme Court of India
- Citation
- 2009 INSC 245 · [2009] 2 S.C.R. 1071
- Case number
- CIVIL APPEAL No. 1172/2009
- Decided
- 24 February 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 18
Headnote
Code of Civil Procedure, 1908: Order 18 rule 17 - .. -+ Power of Court to recall and examine witness - Held: Witness examined by way of affidavit evidence can be recalled for giving c further evidence with regard to facts not mentioned in the affidavit- The purpose of the doubts with regard to evidence and not to fill up omissions in the evidence of the witness who was already examined - Power under 0. 18, r. 17 is to be sparingly exercised - On facts, no case made out ;. to invoke provisions of 0. 18 r. 17 - Witness. D The question which arose for
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