Witness recall under Order 18 Rule 17 CPC is limited to clarification, not filling omissions in affidavit evidence.

Order 18 Rule 17 CPC allows recall of a witness only to clarify doubts or resolve ambiguity in evidence already recorded, not to fill omissions or lacunae after cross-examination. Where the omitted facts were already within the party's knowledge when the affidavit evidence was prepared, and no later-discovered material is shown, recall is not justified. The power is to be exercised sparingly and only in appropriate cases, so a witness cannot be recalled merely to supplement deficient affidavit evidence.

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Issues: Whether a witness who has already been examined by affidavit evidence can be recalled for further examination-in-chief to introduce facts omitted from the affidavit.

Analysis: Order 18 Rule 17 of the Code of Civil Procedure empowers the Court to recall a witness, but the power is intended to enable the Court to clarify doubts or resolve ambiguity in the evidence already recorded. It is not meant to permit a party to fill up omissions or lacunae in the evidence after cross-examination has revealed shortcomings. Where the additional facts were already within the knowledge of the party when the affidavit evidence was prepared, and no subsequently discovered material is shown, recall is not justified. The power must be exercised sparingly and in appropriate cases only.

Conclusion: A witness cannot be recalled under Order 18 Rule 17 of the Code of Civil Procedure merely to fill up omissions in the affidavit evidence, and the refusal to permit recall was .

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