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    <title>2013 (2) TMI 931 - Supreme Court</title>
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    <description>Order XVIII Rule 17 and Section 151 CPC cannot be used to reopen a closed trial or fill lacunae in a party&#039;s case. Where documents were already in the party&#039;s possession, were withheld throughout evidence, and no satisfactory explanation was offered for their earlier non-production, a late request to take them on record and recall a witness after evidence had closed and judgment was reserved was not bona fide. The SC held that inherent powers and the recall power are to be exercised sparingly and only to clarify evidence or meet the ends of justice, not to cure negligence. The High Court&#039;s order permitting reopening was set aside and refusal of additional evidence was restored.</description>
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    <pubDate>Fri, 22 Feb 2013 00:00:00 +0530</pubDate>
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      <title>2013 (2) TMI 931 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=311357</link>
      <description>Order XVIII Rule 17 and Section 151 CPC cannot be used to reopen a closed trial or fill lacunae in a party&#039;s case. Where documents were already in the party&#039;s possession, were withheld throughout evidence, and no satisfactory explanation was offered for their earlier non-production, a late request to take them on record and recall a witness after evidence had closed and judgment was reserved was not bona fide. The SC held that inherent powers and the recall power are to be exercised sparingly and only to clarify evidence or meet the ends of justice, not to cure negligence. The High Court&#039;s order permitting reopening was set aside and refusal of additional evidence was restored.</description>
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      <pubDate>Fri, 22 Feb 2013 00:00:00 +0530</pubDate>
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