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Showing contexts for: 2011) 11 scc 275 in Gayathri vs M. Girish on 27 July, 2016Matching Fragments
5. We have heard, Mr. Ashwin K. Kotemath, learned counsel for the petitioner. We have narrated the facts in great detail so that what we have said in the beginning with regard to the abuse of the process of court gets fortified.
(2011) 11 SCC 275
6. In K.K. Velusamy (supra), while dealing with the power of the Court under Order XVIII Rule 17, this Court held that:-
“9. Order 18 Rule 17 of the Code enables the court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence for the time being in force) and put such questions to him as it thinks fit. The power to recall any witness under Order 18 Rule 17 can be exercised by the court either on its own motion or on an application filed by any of the parties to the suit requesting the court to exercise the said power. The power is discretionary and should be used sparingly in appropriate cases to enable the court to clarify any doubts it may have in regard to the evidence led by the parties. The said power is not intended to be used to fill up omissions in the evidence of a witness who has already been examined. [Vide Vadiraj Naggappa Vernekar v. Sharadchandra Prabhakar Gogate - 2009 (4) SCC 410].