MACHA GANGADHAR Vs. MACHA GANGARAM

JUDGEMENT

(1.) When D.W.I was being cross-examined respondent filed LA. No.201 of 2003 under Order 18, Rule 17 C.P.C. to recall D.W.I for further chief-examination to mark a document, which was allowed by the order under revision. Hence this revision.

(2.) The contention of the learned Counsel for the petitioner is that since examination of the witness is not completed, question of his being recalling for further chief-examination does not arise. It is his contention that the Trial Court without keeping in view the fact that the document sought to be introduced in evidence through DW1 in chief-examination was not even received into Court, was in error in allowing the petition to recall DW1 for purpose of marking the said document.

(3.) The contention of the learned Counsel for the respondent is that since the respondent sought permission to recall him only to mark a document and since petitioner can cross-examine the witness no prejudice can be said to have caused to the revision petitioner. The fact that the document intended to be marked though DW-1 by recalling him was not filed into Court within the time stipulated, is not denied or disputed. Question of marking a document not received by the Court, in the chief-examination of a witness does not arise. So recalling of DW-1 for further chief- examination to mark a document not received in Court is erroneous. The respondent has to take steps to file the document he intends to rely, into Court and the same should be received by the Court for its being but to the witness in evidence in chief-examination. When witness is being cross-examined, question of the party calling him as a witness filing a petition to recall him for further chief-examination does not arise. After cross- examination of the witness is completed, the party calling him as a witness wants to examine him further in chief-examination, he can seek permission of the Court, which can grant him permission to further chief-examine the witness, as laid down by Section 138 of Evidence Act. In the middle of the cross-examination, a witness cannot be stopped for further chief-examination. Therefore, the order under revision is set aside with a direction to follow the procedure prescribed in Section 138 of Evidence Act.