P&H: Upholds Recall of Witness specified in summons and witness had left part of record unproduced on date of examination, Says Limited Recall Was Justified

punjab-haryana
⚖️ Order Date: 14 Aug 2026
Headnotes

(i)  Civil Procedure Code, 1908, O.18.R.17, S.151, Bharatiya Sakshya Adhiniyam, 2023, S.168 — Recall of witness — Summoned witness had been examined completely but had not produced part of summoned record — Recall allowed for limited purpose of producing record already mentioned in the application...

(2) Civil Procedure Code, 1908, O.18.R.17 — Recalling witness — Where witness was a summoned witness and record sought was already specified in summons and witness had left part of record unproduced on date of examination, recall for that limited purpose was justified.

(Paras 4 and 5)


Facts of the Case

P&H: Upholds Recall of Witness specified in summons and witness had left part of record unproduced on date of examination, Says Limited Recall Was Justified

The Punjab and Haryana High Court has refused to interfere with an order allowing recall of a bank witness in an election petition, holding that the recall was sought only for a limited purpose and not to fill gaps in evidence.

Justice Amarjot Bhatti was hearing a civil revision filed against an order of the Civil Judge (Senior Division), Gurugram, which had allowed an application under Order 18 Rule 17 of the Code of Civil Procedure read with Section 168 of the Bharatiya Sakshya Adhiniyam, 2023 and Section 151 CPC.

The dispute arose in an election petition filed by Mahesh...

Login required to open full judgment PDF
Login to Access File