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Shubhkaran Singh v. Abhayraj Singh & Ors.

Not available · 2025 INSC 628Decided 5 May 2025
Petition for Special Leave to Appeal (C) Nos. 12012-12013 of 2025
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

The petitioner had approached the High Court of Madhya Pradesh at Jabalpur seeking to recall a witness under Order 18 Rule 17 of the Code of Civil Procedure, but the High Court rejected the application in January 2025. A subsequent review petition against that rejection was also dismissed. The petitioner then approached the Supreme Court challenging both orders.

Decision Breakdown

The Supreme Court examined the settled legal position on Order 18 Rule 17 CPC, which allows a court to recall a witness at any stage of a suit to clarify evidence, but only sparingly and in exceptional cases - not to fill gaps in a party's case or as a delaying tactic. Applying this standard, the Court found no error in the High Court's refusal to recall the witness and dismissed the special leave petitions.

Lesson Learnt

The power to recall a witness during a trial exists to clear up ambiguities in evidence, not to let a party patch holes in its own case after the fact; courts will refuse recall applications that look like delay tactics or attempts to cover gaps in evidence.

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

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