VADIRAJ NAGGAPPA VERNEKAR (D) TH. LRS. vs SHARAD CHAND PRABHAKAR GOGATE

The Supreme Court addressed the applicability of Order 18 Rule 17 of the Code of Civil Procedure (CPC), which allows for the recall of witnesses at any stage of a suit. The Court held that the trial court has the discretion to recall a witness to ensure complete justice, especially when vital facts were inadvertently omitted from the witness's affidavit. The Court overturned the High Court's dismissal of the appeal, emphasizing that the right to recall a witness is essential for a fair adjudication of the case.