Supreme Court of India · 2009-02-24
Vadiraj Naggappa Vernekar (D) Th. Lrs vs Sharad Chand Prabhakar Gogate
- Citation / case number
- AIR 2009 SUPREME COURT 1604
- Court
- Supreme Court of India
- Petitioner
- Vadiraj Naggappa Vernekar (D) Th. Lrs
- Respondent
- Sharad Chand Prabhakar Gogate
- Bench
- Altamas Kabir, Cyriac Joseph
Judgment text excerpt
The Supreme Court held that under Order 18 Rule 17 of the Code of Civil Procedure (CPC), a witness can be recalled for further examination if necessary for the proper adjudication of the case, even if the initial affidavit evidence was incomplete. The Court emphasized that the provisions are designed to ensure complete justice and allow for the recall of witnesses at any stage of the suit. The appeal was allowed, overturning the lower court's decision that had dismissed the motion to recall the witness.