K. BHARATHAMMA versus BANDARU SAKKU BAI AND OTHERS

Case summary from SCR

Issue for Consideration Whether, in a suit where the evidence of the parties stood closed and final arguments of the defendant’s side had already concluded, the Trial Court (and the High Court, in modifying the Trial Court’s orders) could permissibly exercise power u/Or.XVIII r.17 CPC r.14 CPC) to reopen the plaintiffs’ evidence, recall PW-1, and receive fresh documents and further, whether such recall could be extended to permit cross-examination of the recalled witness. Headnotes† Code of Civil Procedure, 1908 – Or.XVIII, r.17 – The appeals arose from