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K. Bharathamma v. Bandaru Sakku Bai

Civil Appeal · 2026 INSC 795Decided 4 Aug 2026
C.A. No.-010031-010033 - 2026 (arising out of SLP (C) Nos. 2744-2746 of 2024)
Justice S.V.N. Bhatti · Justice N.V. Anjaria

Background

In a long-running 2010 civil suit over property ownership, the plaintiffs (respondents here) had already completed their evidence, and final arguments were more than halfway through, when they filed three applications asking the trial court to recall a witness and reopen the evidence to file fresh documents about house numbers on the disputed property. The trial court allowed this, reasoning that no prejudice would be caused to the other side. The defendant-appellant, K. Bharathamma, challenged this before the Telangana High Court, which modified but largely upheld the trial court's orders, including directing that the recalled witness also be cross-examined. Bharathamma then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court traced a consistent line of its own precedents (including Vadiraj Naggappa Vernekar, K.K. Velusamy, Bagai Construction, and Ram Rati) holding that Order XVIII Rule 17 CPC is a narrow, court-driven power meant only to let a judge clarify doubts about evidence already on record. It cannot be used by a party to fill gaps or lacunae in evidence that was already led and closed, and "no prejudice to the other side" is not a valid ground to invoke it. The Court found that the plaintiffs' applications were, in substance, an attempt to patch missing evidence about house numbers late in the trial, which was impermissible, and further held that a direction to allow cross-examination of a recalled witness falls entirely outside this provision, which permits only the court's own questioning. Concluding the applications were effectively a delaying tactic, the Court set aside the High Court's order and allowed the appeals.

Lesson Learnt

Once a party's evidence is closed and the trial has moved to final arguments, courts will not allow evidence to be reopened or witnesses recalled merely because it would cause no prejudice to the other side: a litigant who forgets to file a document or ask a question during trial cannot later use this provision to fix that oversight.

Official source (sci.gov.in)View Judgment (PDF)

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