CPC O. 18 R. 17 – is merely an enabling provision for the convenience of the Court and the same cannot be utilized by the parties to re-examine any witness in order to fill lacuna in the case.

Provision in terms of Order 18 Rule 17 is merely an enabling provision for the convenience of the Court and the same cannot be utilized by the parties to re-examine any witness in order to fill lacuna in the case. This  power has to be exercised very sparingly that too in an exceptional case. Though the Court, may at any stage of the suit recall any witness, who has been examined, but the said provision does not permit any party to seek re-examination of the witness as a matter of right. The language of Order 18 Rule 17 CPC is limited to the extent of convenience of the Court, where the Court requires such evidence to be led by the parties. The assistance of the Court for the exercise of its inherent power cannot be utilized to fill lacuna in the evidence.

138 PLR 41