Supreme Court of India · 2004-07-26
Jeet Mohinder Singh vs Harminder Singh And Anr
- Citation / case number
- AIRONLINE 2004 SC 940
- Court
- Supreme Court of India
- Petitioner
- Jeet Mohinder Singh
- Respondent
- Harminder Singh And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that an application styled under Order XVI Rule 3 of the Code of Civil Procedure, 1908, was improperly framed as it pertains to the tender of expenses to witnesses, not the recall of witnesses. The Court emphasized that while the substance of an application is important, parties must accurately cite the relevant provisions of law. The Court clarified that Order XVIII Rule 17 allows for the recall of witnesses at any stage, but the application in question did not meet the necessary legal criteria, leading to the dismissal of the appeal.