In Brief
The Supreme Court considered whether parties have the right to recall and cross-examine a witness under Order 18 Rule 17 of the Civil Procedure Code. The Court held that this power belongs exclusively to the court, not to parties. Cross-examination of a recalled witness is ordinarily not permitted without the court's leave. The power is meant to clarify ambiguities and remove doubts in evidence, not to fill gaps in a party's case. While parties cannot ordinarily invoke Rule 17 to recall witnesses, courts may grant such opportunity in exceptional cases through inherent jurisdiction under Section 151 CPC if it genuinely assists justice. The Court dismissed the special leave petitions and affirmed that this power must be exercised sparingly.
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