SC: Valid Bareboat Charter Termination Extinguishes Demise Charter, Vessel Arrest Vacated  ||  SC: Absence of Train Ticket No Ground to Deny Compensation for Passenger’s Death  ||  Patna HC: Routine FIR Involvement alone cannot Deny Arms Licence without Safety Threat  ||  Chhattisgarh HC: WhatsApp Chats Proving Mental Cruelty cannot be Ignored on Evidence Grounds  ||  Delhi HC: Foreign Travel Restrictions must not Obstruct Pregnant Foreigner's Medical Care  ||  MP High Court: Article 227 Cannot Be Invoked to Quash Wife’s Conjugal Rights Proceedings  ||  Kerala High Court Issues Directions on Driver Profiling, Bus Regulation and Road Safety  ||  Delhi HC: Prior Permission for Foreign Travel Unjustified When Accused Was Never Arrested  ||  Air India Penalised Rs. 50K Over De-boarding Disabled Woman and Wheelchair Damage  ||  Delhi HC: Muslim Personal Law cannot Shield Sex with Minor Wife from POCSO Case    

Pushpa Devi and Ors. Vs. Pawan Sehrawat and Ors. (Neutral Citation:2024:DHC:1950) - (High Court of Delhi) (11 Mar 2024)

Inherent power under Section 151 of CPC, can be invoked in appropriate cases to re-open the evidence or to recall witness for further examination

MANU/DE/1855/2024

Civil

The present petition has been filed by the Petitioners under Article 227 of the Constitution of India, 1950 for setting aside the impugned order passed by the Trial Court whereby the learned Trial Court allowed the application filed by Respondent no. 1 and 2 herein under Section 151 of Code of Civil Procedure, 1908 ("CPC") for seeking permission to lead defence, evidence and recalling of order dated 23rd November, 2022.

It is clear from the impugned order that, Respondent no. 1 and 2 have acted irresponsibly and even with negligence. The conduct of Respondent no. 1 and 2 certainly has invited criticism, yet the learned Trial Court exercised its discretion in favour of Respondent no. 1 & 2 by granting them a single opportunity to lead defence evidence subject to cost. It is also true, when Respondent no. 1 and 2 failed to lead evidence in defence, a right has accrued in favour of the Petitioners which is disturbed by opening the evidence of the Respondent no. 1 & 2.

The inherent power under Section 151 of CPC, subject to its limitations can be invoked in appropriate cases to re-open the evidence or to recall witness for further examination. The power under Section 151 of CPC will have to be used with circumspection and in cases, only where it is absolutely needed and not intended to be used routinely, otherwise it will defeat the very purpose of various amendments made to CPC to expedite trials.

In the present case, the plea of the Respondent no. 1 and 2 before the learned Trial Court for not-examining their witnesses on two occasions was that the son of Respondent no.1, who was following the trial of the case was undergoing depression therefore he could not be vigilant with respect to the proceedings of the case. In view of circumstance, the learned Trial Court has rightly exercised its discretion by permitting Respondent no. 1 and 2 to avail one opportunity for leading their evidence. Petition dismissed.

Tags : RECALL ORDER   PERMISSION   GRANT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved