NARMADE PRASAD Vs. MANOHAR DAS SADHU

JUDGEMENT

(1.) THIS revision is directed against the order dated 24.8.1998, whereby the trial Court has refused to allow the application under Order 18 Rule 17 of the Code of Civil Procedure for further cross -examination of a witness Manohar Das. The trial Court has refused to grant the prayer of the applicant on the ground that it was male flde and was made with a view to prolongue the trial. Be as it may, the provision of Order 18 Rule 17 of the Code of Civil Procedure, on which the learned counsel for the applicant placed reliance, is not made for the purpose of re -examination of the witness. It is the power of the Court to recall a witness for putting such question to him as the Court thinks fit. This is discretion of the Court and not the right of a party to get a witness recalled. This Court is not impressed by the argument that the Court has taken on record certain documents after the applicant closed his evidence. Since the non -applicant No. 1 has not proved these documents in his evidence as these documents have been filed after the non -applicant No.1 - Manohar Das Sadhu was already examined and his evidence is closed. This Court is of the view that no purpose would be served by permitting the applicant to cross -examine the witness with a reference to document which has not been proved by him in this evidence and marked as exhibit in the case. The revision has no force. It is accordingly dismissed.