seek recall
of a witness under Order XVIII Rule 17 of the CPC .
10. Order XVIII Rule 17 of the CPC , in fact, if read ... resultant legal position is that, whether under Order XVIII
Rule 17 or Order XVIII Rule 17 read with Section 151 of the CPC, a
party
2014 filed I.A. under Order XVIII Rule 17 and section
151 CPC to recall PW1 for further cross-examination in the areas and
documents ... Order XVIII Rule 17 CPC the power is a discretionary
and should be exercised sparingly. And for very purpose of Order
XVIII Rule 17
which are under Order XVIII, Rule 17-A of the Code of Civil Procedure . Rule 17-A to Order XVIII of the Code of Civil ... reads as under :--
"27. Amendment of Order XVIII.-- In the first Schedule, in Order XVIII,--
(i) to (ii) *** ***
(iii) Rule 17-A shall
Munsiff Akhnoor in 1) an application
of the petitionerss under order XVIII Rule 17 CPC in a suit for
declaration and injunction titled ... order dated 04.08.2018 as under:
".....The said discretion imposed upon the court under Order XVIII
Rule 17 is a judicial discretion, if court thinks
learned ADJ has dismissed the application filed by the
petitioner under Order XVIII Rule 17 of the Civil Procedure Code
(hereinafter referred ... evidence on behalf of the respondent moved an application under
Order XVIII Rule 17 CPC wherein, he sought permission to examine
respondent
order dated 19.09.2025, affirmed the rejection, observing that the power under Order XVIII Rule 17 CPC is to be exercised sparingly, that the inconsistency arose ... under Order XVIII Rule 17 CPC , as crystallised by settled judicial precedents, may be summarised as follows:
14.1 Order XVIII Rule 17 CPC confers
application filed under Order VI Rule 17
read with Section 151 and 153 CPC; other application under Order
XVIII Rule 17 CPC read with Section ... Reference Petition.
14. Now coming to the application filed under Order XVIII
Rule 17 read with Section 141 and 151 CPC for re-call
application filed under Order VI Rule 17
read with Section 151 and 153 CPC; other application under Order
XVIII Rule 17 CPC read with Section ... Reference Petition.
14. Now coming to the application filed under Order XVIII
Rule 17 read with Section 141 and 151 CPC for re-call
application filed under Order VI Rule 17
read with Section 151 and 153 CPC; other application under Order
XVIII Rule 17 CPC read with Section ... Reference Petition.
14. Now coming to the application filed under Order XVIII
Rule 17 read with Section 141 and 151 CPC for re-call
over to a
witness merely to refresh his memory.”
Order XVIII Rule 17
“17. Court may recall and examine witness.- The Court ... Order 18 Rule 17 CPC .
29. It is now well settled that the power to recall any witness under
Order 18 Rule 17
