Allowing Plaintiffs to Testify as Witnesses at a Later Stage in Civil Suits: Analysis of Recent Legal Precedents

ORIGIN OF REQUEST: COURT CAST KASHMIR WHATSAPP GROUP

REQUESTER: FAYAZ NABI (Lawyer) 

FIRST RESPONDER: UMAR MUSHTAQ  (Lawyer) 

CONTRIBUTOR(S): UMAR MUSHTAQ  (Lawyer) 

DATE OF PUBLICATION: 15 May, 2023

DELIVERY METHOD: WHATSAPP

This practice note has been issued to address the growing need for guidance on allowing plaintiffs to testify as witnesses at a later stage in civil suits. Inspired by a notable judgment by the Supreme Court of India, this practice note delves into the court’s inherent power and its application in reopening evidence or recalling witnesses, even during the argument or closure phase of a case.

Summary of the Judgment: The practice note highlights a crucial ruling in the case of K.K.Velusamy Versus N.Palanisamy (Civil Appeal Nos. 2795-2796 of 2011) by the Supreme Court of India. This judgment emphasizes the court’s recognition of its inherent power under Section 151 of the Civil Procedure Code (CPC) to reopen evidence or recall witnesses in exceptional cases. It establishes that this inherent power remains unaffected by the specific provisions of Order 18, Rule 17 of the CPC, which empowers the court to recall witnesses.

Key Points for Consideration:

1. The inherent power bestowed upon the court by Section 151 of the CPC enables it to make necessary orders to ensure justice and prevent abuse of the court’s processes.
2. Order 18, Rule 17 of the CPC grants the court the authority to recall witnesses for the purpose of clarifying doubts or seeking further answers.
3. The court’s inherent power under Section 151 can be utilized to reopen evidence or recall witnesses when it is crucial to secure clarification on pertinent issues and aid in delivering a just outcome.
4. The power granted by Section 151 and Order 18, Rule 17 should not be invoked as a matter of routine; rather, it should be exercised in cases where the applications are made in good faith and present additional evidence that can significantly contribute to the case.
5. The court must exercise caution to prevent any misuse of this power and should impose appropriate costs to compensate for any delays caused by reopening evidence or recalling witnesses.
6. To ensure the expeditious resolution of cases, it is recommended that courts adhere to predetermined time schedules, minimizing the need for adjournments or reopening evidence.

The practice note serves as a valuable resource for lawyers grappling with the question of allowing plaintiffs to testify as witnesses at a later stage in civil suits. By drawing from the pivotal judgment in K.K.Velusamy Versus N.Palanisamy, it elucidates the court’s inherent power, emphasizing its judicious exercise to prevent any abuse of process while ensuring a fair and efficient legal system. This practice note empowers attorneys with the necessary insights to navigate this evolving legal landscape effectively.