SATGURU OIL MILLS & ANR versus M/S SUNDER MAL HARI CHAND & ORS

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Satguru Oil Mills & Anr v. M/S Sunder Mal Hari Chand & Ors - CR-2780-2006 [2006] RD-P&H 2953 (5 May 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

C.R..No. 2780 of 2006 (O&M)

Decided on May 18,2006.

Satguru Oil Mills and another .... petitioners v.

M/S Sunder Mal Hari Chand and others ...respondents.

CORAM: Hon'ble.Mr.Justice Pritam Pal
Present: Mr. I.S.Brar, Advocate, for the petitioners PRITAM PAL,(ORAL) J:

Counsel for the petitioners contends that application for recalling the witness of the petitioners has been solely rejected on the ground that there is no provision for recalling the witness under Order 18 Rule 17 of C.P.C. But this observation of the learned trial Court appears to be wrong on the face of it, inasmuch as the Order 18 Rule 17 of C.P.C.

categorically states that the Court may, at any stage of a suit, recall any witness, who has been examined and may put such question to him as the Court thinks fit.

In view of this provision, I feel that no notice is required to be sent to the respondents and as such, this Civil Revision is disposed of at this stage with a direction that the trial Court shall give one opportunity to the petitioners for re-examination of Surinder Pal ­ DW 2 subject to costs of Rs. 5000/-

A copy of this order be given dasti on payment of usual charges.

May 18,2006 (Pritam Pal)

RR Judge

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