Order XVIII Rule 17 CPC | Power To Recall Witness Vests With Court, Parties Cannot Do Without Court's Leave : Supreme Court

The Supreme Court held that Order XVIII Rule 17 of the CPC empowers the court to recall a witness at any stage solely for the purpose of seeking clarification, but it does not grant any right to the parties to recall witnesses for further examination or cross-examination.

The Court further clarified that the power under Order XVIII Rule 17 should be exercised strictly to remove ambiguities or clarify a witness's statement, not to allow a party to fill gaps in its case. Additionally, a party cannot cross-examine a witness on responses given to the Court's questions unless expressly permitted by the Court in exercise of its inherent powers under Section 151 CPC.

Holding thus, the bench comprising Justices JB Pardiwala and R Mahadevan upheld the MP High Court's decision which had refused to interfere with the trial court's decision dismissing the Appellant's application under Order XVIII Rule 17 CPC seeking recall of a witness.

“The said rule, in our opinion, makes it abundantly clear that the right to put questions to the witness recalled under Rule 17 is given only to the court and even cross-examination is not ordinarily permitted on the answers given to such questions, without the leave of the court. Under that rule therefore, a witness cannot be recalled at the instance of a party for the purpose of examining, cross examining or re-examining, and that rule is not intended to serve such purpose, and the purpose for which that rule can be invoked is the one that is indicated above.”, the court said.

“We are of the opinion that if circumstances warrant, an opportunity to a party to re-call a witness for examining, crossexamining or re-examining can be granted by a Court in the exercise of its inherent jurisdiction under Section 151 C.P.C.”, the court added.

In this regard, the court referenced the case of K.K. Velusamy v. N. Palanisamy, (2011) 11 SCC 275 where it was held that the power under Order XVIII Rule 17 is only for clarification i.e. to enable Court to clarify any issue or doubt, it may have in regard to evidence led by parties by recalling any witness so that the Court itself can put questions to such witness and elicit answers.

“Order 18 Rule 17 of the Code is not a provision intended to enable the parties to recall any witnesses for their further examination-in-chief or cross-examination or to place additional material or evidence which could not be produced when the evidence was being recorded. Order 18 Rule 17 is primarily a provision enabling the court to clarify any issue or doubt, by recalling any witness either suo motu, or at the request of any party, so that the court itself can put questions and elicit answers.”, the court said in K.K. Velusamy v. N. Palanisamy.

Case Title: SHUBHKARAN SINGH VERSUS ABHAYRAJ SINGH & ORS.

Citation : 2025 LiveLaw (SC) 536

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