Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | omission in the evidence Order 8 Rule 17 CPC inherent powers of the court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 — Order 18 r. 17 -- Application under — Scope of — Power of the court u/r 17 is though discretionary, has to be used sparingly -- The power cannot be invoked to fill up the omission in the evidence already led by a witness, or for the purpose of filling up a lacuna in the evidence — No prejudice is caused to either party’ also cannot be a ground to be invoked u/r. 17 — If the court invokes the power u/r. 17, it has to see that trial is not unnecessarily protracted on that ground — However, the rigour of r. 17 does not affect the inherent powers of the court -- In the present case, the application u/r. 17 for further elaboration on the left out points is impermissible in law. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2016 INSC 206 |
Petitioner | Ram Rati |
Respondent | Mange Ram (d) Through Lrs. And Ors. |
SCR | [2016] 2 S.C.R. 9 |
Judgement Date | 2016-02-23 |
Case Number | 1684 |
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