Source: High Court of Jammu and Kashmir and Ladakh

Why in News?

Recently, the High Court of Jammu and Kashmir and Ladakh has held that the inherent power of the High Court under Section 151 of the Civil Procedure Code, 1908 (CPC) is not affected by the express power conferred upon the Court under Order XVIII Rule 17 of CPC to recall any witness and elicit clarifications.

• The aforesaid observation was given in the matter of Vineeta Jamwal v. Col (Retd.) Vijay Singh.

What was the Background of Vineeta Jamwal v. Col (Retd.) Vijay Singh Case?

• The case involved a suit for mandatory injunction filed by Col (Retd.) Vijay Singh (respondent) against the petitioner, Col (Retd.) Dalbir Singh (since deceased) for possession of land.
• The trial court framed issues and called upon the parties to lead their respective evidence, whereupon both the parties filed the affidavits of their respective witnesses.
• After the initial rounds of evidence exchange, Col Dalbir Singh's legal heirs, Vineeta Jamwal and Purnima Pathania, were brought on record. The trial court allowed the petitioners to file fresh affidavits with new witnesses.
• The petitioners then produced witnesses and completed their examination-in-chief.
• However, the plaintiff, Col Vijay Singh, did not cross-examine them due to a pending petition before the High Court challenging the order permitting fresh witnesses.
• After the High Court dismissed the plaintiff's petition, he filed an application before the trial court seeking permission to cross-examine the defendants' witnesses.
• The trial court allowed the application, leading the petitioners to challenge this order in the High Court of Jammu and Kashmir and Ladakh.
• The High Court dismissed the petition.

What were the Court’s Observations?

• Justice Javed Iqbal Wani observed that the rigour under Order XVIII Rule 17 of CPC would not affect the inherent power of the High Court to pass required orders for ends of justice to reopen the evidence for the purpose of further examination or cross examination or for production of fresh evidence authorizing the Court to exercise power at any stage of the suit, even after closure of evidence.

What are the Relevant Legal Provisions Involved in it?

Section 151 of CPC

About:

• This section deals with the saving of inherent powers of Court.
• It states that nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
• This section does not confer any substantive rights on parties but is meant to get over the difficulties arising from rules of procedure.

Case Law

• In Ram Chand v. Kanhayalal (1966), the Supreme Court held that the inherent powers under Section 151 of CPC can also be exercised to prevent the abuse of the process of court.

Order XVIII Rule 17of CPC

• Order XVIII of CPC deals with the hearing of the suit and examination of witnesses.
• Rule 17 of Order XVIII of CPC deals with the recalling and examining of witnesses by the Court.
• Rule 17 states that the Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.