As per case facts, a landlord filed an eviction petition in 2020. The tenant claimed the landlord owned other shops, which the landlord denied. The tenant amended his written statement ...
CR-5816-2023 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(386)
CR-5816-2023
Date of decision: - 30.09.2025
Gulshan Kumar Verma
....Petitioner
Versus
Charanveer Singh Dandass
.....Respondent
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Jasmeet Singh Bhatia, Advocate, and
Mr. Gurkirat Singh Bindra, Advocate,
for the petitioner.
Ms. Shubreet Kaur, Advocate
for the respondent.
****
VIKAS BAHL, J. (ORAL)
1. Present revision petition has been filed by the tenant under
Article 227 of the Constitution of India for setting aside the order dated
04.09.2023 (Annexure P-14) passed by the Rent Controller, Sangrur,
vide which the application dated 10.05.2023 (Annexure P-12) filed by
the petitioner for recalling the witnesses of the landlord/respondent for
further cross-examination has been dismissed.
ARGUMENTS ON BEHALF OF THE PETITIONER
2. Learned counsel for the petitioner has submitted that in the
present case, the respondent-landlord, in a petition under Section 13 of
the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be
CR-5816-2023 -2-
referred as “1949 Act”), has stated that he is not occupying any other
building in the urban area of Sangrur except the shop in dispute. It is
further submitted that it was a specific case of the petitioner in the
written statement, more so, in para 3-C to the effect that there are two
other shops in the ownership of the respondent-landlord which were let
out to different persons. It is submitted that the said aspect was denied
in the replication and thereafter, the petitioner had moved an application
for amendment to insert additional objection No.7 on the aspect that the
respondent-landlord had got the possession of one of the two shops
vacated from the tenant, namely, Dinesh Kumar alias Dessa and had
rented out the same to one Lovepreet, son of Rajinder Kumar. It is
further submitted that the said amendment was allowed and thereafter,
the petitioner had filed an application dated 27.04.2023 for recalling all
the witnesses PW-1 to PW-4, for the purpose of re-cross examination of
PW-1 to PW-3 and for the purpose of cross-examination of PW-4 . It is
stated that the cross-examination of the said witnesses became
necessary in view of the amendment having been allowed, however, the
Rent Controller vide the impugned order has dismissed the said
application illegally and has further submitted that the impugned order
deserves to be set aside and the application filed by the petitioner for
recalling of the witnesses deserves to be allowed.
3. It is stated that since PW-4 has been given up by the
respondent, thus, at the stage of notice of motion, learned counsel for
the petitioner had restricted his prayer for further cross-examination of
CR-5816-2023 -3-
PW-1 to PW-3 only. In support of his arguments, learned counsel for
the petitioner has referred to the judgment passed by the Co-ordinate
Bench of this Court dated 13.12.2016 titled as “Shukla Kohli Vs. M/s
Neelam Traders” in CR-8380-2016 as well as the judgment passed by
Co-ordinate Bench of this Court dated 20.07.2012 titled as “Kaptan
Singh Vs. Kulbir Singh”, in CR-6648-2010.
ARGUMENTS ON BEHALF OF THE RESPONDENT
4. Learned counsel for the respondent-landlord has submitted
that the petitioner has been filing one application after other only to
delay the proceedings. It is further submitted that in the eviction petition
which was filed in the year 2020 as well as in the replication which was
filed on 02.07.2021, it has been specially stated by the respondent-
landlord that the respondent-landlord is not the owner of any other shop
other than the shop in question. It is further submitted that no document
has been produced by the petitioner to even remotely show that the
respondent is the owner of other shops and that even in the original
reply dated 29.01.2021 (Annexure P-2), no reference to any shops
number or even the place where they are situated has been mentioned. It
is submitted that it has not even been stated that the said two shops are
in the same municipal area as the shop in question.
5. It is further submitted that initially the application dated
02.02.2022 (Annexure P-4) was filed by the petitioner under Order 6
Rule 17 to add preliminary objection No.6 and at that stage, no prayer
was made to make the second amendment which was filed
CR-5816-2023 -4-
subsequently. It is argued that the said amendment was allowed vide
order dated 16.03.2022 and that in the said order it was specifically
stated by the petitioner that he does not wish to recall any witness, who
have already been examined. It is further stated that the order dated
16.03.2022 has not been placed on record, but a copy of the same along
with the zimni orders and other orders has been handed over to the
Court during the course of arguments, which is taken on record and has
been marked as “Mark A (Colly.)”. It is submitted that the issues in the
present case were framed on 02.07.2021 and three witnesses had also
been examined and cross-examined on 18.08.2021. It is submitted that
since in the pleadings, the ownership of any other shop had been
denied, thus, it was open to the petitioner to have put the questions with
respect to ownership to the said witnesses when they were examined
and cross-examined.
6. Learned counsel for the respondent has argued that in order
to further delay the proceedings, another amendment application dated
01.07.2022 was filed, in which, the averments with respect to tenant
having left the premises and another tenant having been inducted were
made, which averments were completely irrelevant, as the said
averments were not with respect to the shop which was owned by the
respondent. It is submitted that in the reply dated 17.08.2022 (Annexure
P-9) to the said amendment application, it was again reiterated that there
were no other shops owned by the respondent. It is further submitted
that in the application for amendment, no prayer was made for recalling
CR-5816-2023 -5-
of the witnesses nor any such prayer was made at the time when the said
amendment was allowed on 12.10.2022. It is stated that even a perusal
of the order dated 12.10.2022 would show that the Rent Controller was
of the view that the petitioner was filing similar applications and thus,
allowed the same subject to heavy costs. It is further stated that after the
said amendment was allowed, the respondent closed his evidence on
21.12.2022 and the petitioner in order to further delay the proceedings,
had thereafter, on 10.05.2023 filed an application (Annexure P-12) for
re-examining the witnesses of the respondent-landlord which had
already been examined. It is submitted that the said application was
filed without mentioning of any provision of law and was filed only to
delay the proceedings and has been rightly dismissed by the Rent
Controller.
7. It is further submitted that a party has no right to recall the
witnesses and it is only the power of the Court to seek recalling in
exceptional cases. It is argued that although, at the time of issuance of
notice of motion by the Co-ordinate Bench of this Court, the
proceedings were not stayed but only the passing of the final order had
been stayed, yet, the petitioner has taken nine dates without producing
any witness and is thus, delaying the matter, which was instituted in the
year 2020. In support of her arguments, learned counsel for the
respondent has relied upon the judgment of the Co-ordinate Bench of
this Court in case titled as “Charanjit Vs. Harvilas Rai, reported as
2023(1) PLR 144 as well as of the Calcutta High Court in case titled as
CR-5816-2023 -6-
“Amalendu Bhunia and another Vs. Sabita Sadhukhan and others”,
reported as 2021(3) ICC 525 and also the judgment of the Himachal
Pradesh High Court in case titled as “Amrik Ahuja Vs. Vijay Kumar
Sood and others”, reported as 2023(1) RCR (Rent) 232.
ANALYSIS AND FINDIGNS
8. This Court has heard learned counsel for the parties and has
perused the paper-book and is of the opinion that the impugned order is
in accordance with law and deserves to be upheld and the revision
petition deserves to be dismissed for the reasons stated herein below.
9. It is not in dispute that the respondent had filed a petition
under Section 13 of the 1949 Act for eviction of the petitioner from the
shop in question in the year 2020. In para 3-C of the said petition, the
respondent-landlord had specifically stated that he is not occupying any
other such building in the urban area of Sangrur except the shop in
dispute. The present petitioner filed a written statement dated
29.01.2021 (Annexure P-2) and in the said written statement, in para 3-
C the following objection was taken: -
“3c. That para no.3c of the petition is wrong and hence
denied. The petitioner is owner of two other shops which he has
rented out to different persons. If the petitioner requires the
shops for his personal necessity he can get those shops vacated
from the tenants.”
A perusal of the above para would show that no details of
the other two shops, which were stated to be allegedly owned by the
respondent, have been given and no name of any persons to whom the
CR-5816-2023 -7-
said shops have been given on rent was mentioned and that it had not
even been stated that the said shops were in the same urban area
concerned. No document/prima facie proof has been annexed along
with the present petition to even remotely show that the respondent is
the owner of any other shops other than the shop in question. The said
aspect would be relevant for the purpose of adjudicating the present
case for the reasons which would be mentioned hereinafter.
10. The replication was filed on 02.07.2021 (Annexure P-3)
and the reply to said para 3-C is reproduced as under: -
“3(c) Para no. 3(c) of written statement is wrong and
hence denied word by word. The contents of para no. 3(c) of
the petition are correct and retreated.”
11. Thus, the vague averments made in para 3-C by the
petitioner in the written statement were denied by the respondent-
landlord. The petitioner thereafter filed an application dated 02.02.2022
(Annexure P-4) under Order 6 Rule 17 CPC for adding para No.6 as
additional legal objection. The reply was filed to the said application
and the Rent Controller vide order dated 16.03.2022 allowed the said
amendment and in the said order, it was specifically stated by the
counsel for the present petitioner that he did not intend to recall the
witnesses already examined for the purpose of cross-examination and
after taking into consideration the said fact, the amendment was allowed
by imposing costs of Rs.2000/-. The order dated 16.03.2022 has not
been annexed along with the present petition but, as has been stated
CR-5816-2023 -8-
herein-above, the said order along with all the zimni orders has been
handed to the Court by the learned counsel for the respondent which has
been marked as “Mark A' and its authenticity has not been disputed.
The relevant portion of the said order dated 16.03.2022 is reproduced in
herein below: -
“................The respondent/applicant does not intend to
recall the witnesses already examined for the purpose of cross-
examination. Taking into consideration the preliminary objections
sought to be raised coupled with stand of the respondent/applicant
in the original written statement, it is difficult to accept that by way
of proposed amendment, prejudice would be caused to the
petitioner/landlord which cannot be compensated in terms of costs.
Further more the amendment of written statement can be allowed at
any stage of the proceedings. Hence, application for amendment of
written reply stands allowed subject to payment of costs of
Rs.2000/-.
Amended written reply is already on the file. Now to come up
on 01.04.2022 for filing rejoinder to the amendment written reply
and payment of costs.
Dated: 16.03.2022 Harvinder Singh Sindhia
Rent Controller
Unique Identification no.PB0283
Certified that the order has been directly dictated by the
undersigned.
Dated:16.03.2022 Harvinder Singh Sindhia
Addl. Civil Judge(Sr.Divn.)
Sangrur.”
12. It would be relevant to note that the issues in the present
CR-5816-2023 -9-
cases were framed on 02.07.2021 and two witnesses i.e. PW-1 and PW-
2 were examined-in-chief on 02.08.2021 and thereafter their cross-
examination was deferred at the request of learned counsel for the
petitioner-tenant. On 18.08.2021, PW-1, PW-2 as well as PW-3 were
completely examined and cross-examined and the examination-in-chief
of PW-4 was also completed and his cross-examination was deferred at
the request of learned counsel for the present petitioner. The zimni
order dated 18.08.2021 is reproduced as under: -
“Charanveer Singh Dandass Vs. Gulshan Kumar Verma
RENT-24-2020
Present: Sh. D. S. Dandass Adv. for petitioner.
Sh. Tomesh Sharma Adv. for respondent.
PW1 and PW2 are present and cross-examined
completely. PW3 is present and examined completely. PW4 is
present and examined-in- chief. His cross-examination is
deferred at the request of learned counsel for the respondent.
Petitioner has suffered the statement that as per order of Court
he has received an amount of Rs.6000/- today in the Court w.e.f.
01.04.2021 to 31.07.2021 @ Rs.1500/- per month today in the
Court. On request of learned counsel for the parties, case is
adjourned to 12.10.2021 for cross-examination of PW4 and
remaining evidence of petitioner.
Dated: 18.08.2021 (Harvinder Singh Sindhia)
Rent Controller, Sangrur.
UID No. PB0283”
13. It is thus apparent that the first amendment application was
filed subsequent to the said witnesses having been examined. After the
CR-5816-2023 -10-
first amendment was allowed and the petitioner had filed an amended
written statement, to the same the respondent had filed a rejoinder, a
copy of which has been annexed as Annexure P-7. Para 3(c) of the said
rejoinder is reproduced herein-below: -
“3(c) Para no. 3(c) of amended written reply is
wrong and hence denied word by word. The petitioner is
the owner of only one shop i.e. the shop in dispute to the
extent of 1/2 share the other half share of the shop in
dispute is the ownership of S. Daljeet Singh Dandass, the
brother of petitioner. The contents of para nó. 3(c) of the
petition are correct and are reiterated.”
14. In the said para, it was specifically stated that the
respondent-landlord was owner of one shop which was the shop in
dispute and that too, to the extent of ½ share and other ½ share
belonged to his brother S. Daljeet Singh Dandass.
15. However, on 01.07.2022, another application under Order 6
Rule 17 CPC was filed by the present petitioner and para 7 was sought
to be added in the preliminary/legal objections. The said para 7 which
was sought to be added is reproduced herein below: -
“7. That the respondent / applicant in para no. 3
(c) of the written reply has already asserted that the
petitioner is the owner of two other shops which have been
rented out to different tenants. Now the petitioner, out of
the above mentioned two shops, a few months ago, has got
vacant possession of one shop which was on rent with
tenant namely Mr. Dinesh Kumar alias Dessa son of Sh.
Gian Chand, and thereafter, rented out the said shop to
CR-5816-2023 -11-
Mr. Lovepreet son of Rajinder Kumar Prop. M/s. Jyoti
Jewellers, Old Mandi Gali, Sangrur, which depicts that the
need of the petitioner allegedly contended in the rent
petition, is not bonafide, genuine and honest but is tainted
and fanciful. In case, the personal need of the petitioner, as
projected in the Rent Petition, was bonafide, then; the
premises which had been vacated by Mr. Dinesh Kumar
alias Dessa must have been occupied by the petitioner for
his alleged personal need. It is also to mention here that
the disputed premises and the premises vacated by Mr.
Dinesh Kumar alias Dessa are located in the same vicinity
i.e. in Old Mandi Gali, is at arm length from the disputed
premises and also of the same size."
16. Interestingly, without there being any proof of ownership
of any other shop of the respondent-landlord, the petitioner-tenant was
wanting to raise a plea with respect to a new tenant having been
inducted in the so-called shops which were alleged to be in the
ownership of the respondent-landlord. It would be relevant to note that
in the said application dated 01.07.2022 (Annexure P-8), no prayer was
made for recalling the witnesses who had already been examined. The
respondent had filed the reply dated 17.08.2022 (Annexure P-9) and in
para 2 as well as in para 3, it had specifically been stated that the
respondent was not the owner of other shops, thus, the question of
letting other shops to any person did not arise and that the application
was filed only to prolong the proceedings and to harass the respondent
and to waste the time of the Court. The relevant part of said paras 2 as
well as 3 are reproduced herein below: -
CR-5816-2023 -12-
“2. .......It is pertinent to mention here that earlier also the
respondent had filed application on 2.2.2022 for amendment
of written reply dated 29.1.2021 which was disposed by the
Hon'ble Court. In the rejoinder dated 1.4.2022 to the amended
written reply on merits, in para no. 3 (c) it is clearly mention
that petitioner is the owner of only one shop i.e. demised shop,
to the extent of 1/2 share. The other 1/2 share of the demised
shop is the ownership of S. Daljeet Singh Dandass, brother of
the petitioner. The petitioner is not the owner of any other
shop.
3. That para no. 3 of application is wrong and denied
word by word. No part of the same is admitted to be correct.
The respondent concocted a false story in this para. When the
petitioner is not the owner of any other shop, so question of
getting possession or letting other shops to any person does not
arise at all. All the averments made in this para by the
respondent are malafide just to prolong the proceeding, to
harass the petitioner and to waste the precious time of the
Hon'ble Court.”
17. The Rent Controller, vide order dated 12.10.2022, after
observing that earlier also an application had been filed for amendment
and the petitioner had again filed an application for amendment,
allowed the same subject to costs of Rs.4000/- and had directed the
petitioner to file the amended reply. The amended reply dated
12.10.2022 (Annexure P-10) was filed by the petitioner and in the said
reply, the additional plea has been taken in paragraph 7.
18. In the rejoinder dated 17.12.2022, the said plea taken in
paragraph 7 was answered in the following terms:-
“F7. Para No. 7 of the legal objection of written reply is
totally wrong and is denied. No part of the same is admitted to
CR-5816-2023 -13-
be correct. In para no. 3-C of rejoinder dated 1.4.2022 to
amended written reply it has specifically been mentioned that
the petitioner is the owner of only one shop i.e. the demised
shop to the extent of 1/2 share. The other 1/2 share of the
demised shop is the ownership of Daljeet Singh Dandass,
brother of the petitioner. Photo copy of rent note of the shop
which was rented out to Lovepreet Singh son of Rajinder
Kumar Prop. M/s Jyoti Jewellers, Old Mandi Street, Sangrur is
attached herewith which clearly shows that petitioner is not the
owner of the shop, as alleged in this para by the respondent.”
A perusal of the above rejoinder would show that apart
from reiterating that the respondent was the owner of only one shop and
that too, to the extent of ½ share, even the photocopy of the rent note of
the shop which was rented out to Lovepreet Singh, as alleged by the
petitioner/tenant, was attached and it was specifically stated that the
same clearly shows that the respondent was not the owner of the shop in
question. The petitioner while making the averments with respect to the
above-said tenancy has not annexed any rent note to show that either
the respondent is the owner of the shop or the said tenant was that of the
respondent and was apparently moving one application after another
only to delay the proceedings. No document of ownership of the
respondent with respect to another shop other than the shop in dispute
has been annexed or referred to and even the averments made in
paragraph 7 of the above-said rejoinder, which make a specific
reference to the above-said rent note showing that the respondent is not
the owner of the shop, have been rebutted. The said rent note has also
CR-5816-2023 -14-
not been annexed to show that the averments made by the
respondent/landlord are incorrect. In the said circumstances, it is prima
facie clear that the petitioner is well aware that the respondent is not the
owner of any other shop and is not the landlord of any other shop and
has made vague averments and had moved one application after the
another only to delay the proceedings.
19. On 22.03.2023, the petitioner/tenant had sought an
adjournment to file an application. Similar adjournment was sought on
28.04.2023 and on 10.05.2023, the petitioner filed an application dated
27.04.2023 (Annexure P-12) for re-examining the witnesses of the
respondent i.e. PW-1 to PW-3 and to cross-examine PW-4. The said
application was opposed and a prayer was made that heavy costs be
imposed. The Rent Controller vide the impugned order dated
04.09.2023 (Annexure P-14) dismissed the said application and in the
said order observed that no such prayer for re-examining the witnesses
was made by the petitioner at the time when the second amendment
application was filed or at the time when the same was argued and that
the application was filed only to delay the proceedings.
20. On 03.10.2023, the Co-ordinate Bench of this Court had
issued notice of motion and stayed the passing of final order, whereas,
the proceedings had not been stayed. However, in spite of the same, the
petitioner-tenant did not produce any evidence and it was specifically
recorded on 05.12.2023, 09.02.2024, 15.04.2024, 29.05.2024,
24.07.2024, 21.11.2024 as well as on 04.01.2025 that no witness of the
CR-5816-2023 -15-
petitioner/tenant had been produced. Thus, the petitioner managed to
delay the proceedings.
21. From the above-said facts and circumstances, it is apparent
that the sole purpose of filing the applications was to delay the
proceedings. Once, it was the specific stand of the respondent-landlord
in the petition filed under Section 13 as well as in the
replication/rejoinder filed after the first amendment was allowed, that
the respondent is not the owner of any other shop and without there
being any prima facie proof that the respondent was the owner of
another shop than the shop in dispute, the petitioner kept on filing
applications to make averments with respect to the so called another
shop. In the written statement, even the details of the said shops had not
been given nor it was stated that the same was in the urban area
concerned nor the details of any tenant of the said shop were given. At
the time of filing the second amendment application, no details were
given as to on what basis the petitioner was alleging that the respondent
had tenanted out one of the said alleged shops to Lovepreet Singh, son
of Rajinder Kumar. No rent note was referred to. In response to the said
amendment, the respondent had annexed rent note as per which it was
established that the respondent was neither the owner nor the landlord
of the premises, which is stated to have been let out to Lovepreet Singh.
The said aspect has not been rebutted by annexing the said rent note
which is now part of the record. PW1 to PW-3 had appeared on
18.08.2021 and it is not in dispute that the said three witnesses were
CR-5816-2023 -16-
cross-examined by the counsel for the petitioner/tenant and thus, it was
open for the counsel for the petitioner to cross-examine the said
witnesses on the aspect of ownership of the said two shops. The
petitioner in order to further delay the proceedings had thereafter, after
much delay moved the application in question dated 27.04.2023 on
10.05.2023 seeking recall of the witnesses of the landlord/respondent.
The said application has been rightly dismissed by the Rent Controller
and it has been rightly observed by the Rent Controller that the same is
only to delay the proceedings without any such request having been
made at the time when the second amendment was allowed.
22. This Court in the judgment dated 02.12.2024 passed in
CR-6545-2024 titled as “M.M. Sharma and another Vs. Harjeet
Kaur”, has held as under: -
“8. The Coordinate Bench of this Court in the case of
Neeraj Jindal Vs. Manju, CR No.5243 of 2019, decided on
30.08.2019 had observed that the provision of Order 18 Rule
17 CPC which is with respect to recalling and re-examining
the witnesses, cannot be invoked by a private party as the
aforesaid provision is meant only for the convenience of the
Court and that the said powers can only be exercised by the
Court according to its convenience and the parties to the
litigation cannot invoke the same. The relevant portion of the
said judgment is reproduced hereinbelow:-
“.......Even otherwise, process of the Court in
terms of Order 18 Rule 17 CPC cannot be invoked by the
private party as the aforesaid provision is meant only for
convenience of the Court. The Court at any stage can re-
call any witness who has been examined and may put
CR-5816-2023 -17-
such questions to him as the Court thinks fit but the said
exercise does not permit a party to reexamine any witness
or to fill lacuna in the case.
In view of ratio laid down by Hon'ble Apex Court in
K.K. Velusamy vs N. Palanisamy, (2011) 11 SCC 275 and
Ratti Ram vs Mange Ram (D) through LRs and others,
2016 (2) RCR (Civil) 464, powers under Order 18, Rule
17 CPC can only be exercised by the Court according to
its convenience and the party to the litigation cannot
invoke the said provision.
The aforesaid principle was also reiterated in
Vadiraj Nagappa Vemekar vs Sharadchandra Prabhakar
Gogate, (2009) 4 SCC 410.
For the reasons recorded hereinabove, I do not see
any justification to interfere in the impugned order which
is not found to be suffering from any error of jurisdiction.
This revision petition is accordingly, dismissed.”
xxx xxx xxx
9. Moreover, a perusal of Order 18 Rule 17 CPC would
show that it is the Court which has the power to recall any
witnesses who has been examined and put questions to him as
the Court thinks fit and there is no vested right in a private
party to seek recalling of the witnesses for the purpose of
further cross-examination.”
23. The Co-ordinate Bench of this Court in the case of
Charanjit (supra) had observed that in case any plea is raised in the
amended written statement, the onus to prove the same is on the person
raising the plea and the power to recall witness cannot be exercised by
the Court merely on the asking of the party and it can only be exercised
in appropriate cases where the Court requires clarification from the
witness. The relevant portion of the said judgment is reproduced as
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under: -
“xxx xxx xxx
5. Learned counsel for the petitioner has argued that
the suit of the plaintiff relates to the agreement to sell dated
01.11.2014 and as per the written statement, the said agreement
is result of fraud and
misrepresentation. He submits that
subsequently, the petitioner was allowed to amend his written
statement to further plead that the defendant had not executed
the said agreement to sell in favour of the plaintiff. He submits
that as no question regarding agreement to sell was put to the
plaintiff's witnesses, therefore, the witnesses be re-called for
further cross-examination. In support of his argument, learned
counsel has placed reliance upon the decision of the Hon'ble
Supreme Court in “Ram Rati Vs. Mange Ram and others”,
(2016) 160 AIC 10. He prays that the impugned order be set
aside.
6. After hearing learned counsel for the petitioner, this
Court does not find any merit in the argument that after
amendment of written statement, the defendant is justified in
recalling of plaintiff and his witnesses for further cross-
examination. A perusal of the case file shows that the
amendment in the written statement was allowed by the trial
Court vide order dated 28.03.2022, and by that time evidence of
the plaintiff stood closed.
xxx xxx xxx
7. .............Further, even if, the plea raised in the written
statement to controvert the case of the plaintiff is to be proved
by the defendant, this onus is to be discharged by him by
leading his evidence. Further, the decision relied upon by the
learned counsel in support of his case would not be applicable
in the facts and circumstances of this case. No doubt, Order
XVIII Rule 17 Code of Civil Procedure, 1908 contemplates
recalling of a witness, but this power cannot be exercised
merely on the asking of a party, as it can only be exercised in
CR-5816-2023 -19-
appropriate cases, where the Court requires clarification from
the witness. In case the prayer of the petitioner is allowed, it
would amount to filling up the lacunae.
8. A perusal of the impugned order dated 30.08.2022 shows
that it does not suffer from any illegality and impropriety,
therefore, no ground is made out for exercising the
superintendence powers under Article 227 Constitution of
India.”
24. Similarly in the case of Amrik Ahuja (supra), the Himachal
Pradesh High Court had taken into the consideration the law laid down
by the Hon'ble Supreme Court in the case of “K.K. Velusamy
Vs. N.
Palanisamy, reported as (2011) 11 SCC 275, in which, it was stated
that the power to recall the witness is discretionary and should be used
sparingly only to enable the Court to clarify any doubts it may have in
regard to the evidence led by the parties.
25. The Hon'ble Supreme Court in the case of “Shalini Shyam
Shetty and another Vs. Rajendra Shankar Patil”, reported as (2010) 8
Supreme Court Cases 329, had observed that the High Courts cannot,
at the drop of a hat, in exercise of its power of superintendence under
Article 227 of the Constitution, interfere with the orders of tribunals or
courts inferior to it. Nor can it, in exercise of this power, act as a court
of appeal over the orders of court or tribunal subordinate to it. It was
also observed in the said judgment that a statutory amendment with
respect to Section 115 of the Civil Procedure Code does not and cannot
cut down the ambit of High Court’s power under Article 227, but at the
same time, it must be remembered that such statutory amendment does
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not correspondingly expand the High Court’s jurisdiction of
superintendence under Article 227. The power of interference under this
Article is to be kept to the minimum to ensure that the wheel of justice
does not come to a halt and the fountain of justice remains pure and
unpolluted in order to maintain public confidence in the functioning of
the tribunals and courts subordinate to the High Court. It was also
observed that the power under Article 227 may be unfettered but its
exercise is subject to high degree of judicial discipline.
26. The judgments relied upon by the learned counsel for the
petitioner would not further the case of the petitioner. In both the cases
i.e., Shukla Kohli (supra) and Kaptan Singh (supra), relied upon by
the petitioner, the trial Court had exercised its discretion to recall the
witnesses in the peculiar facts and circumstances of the said cases.
Interference with the said discretion is not to be done at the drop of a
hat under Article 227 of the Constitution of India and the judgments
passed in the said two cases relied upon by counsel for the petitioner
also reiterate the said proposition of law. In the case of Shukla Kohli
(supra), it was observed that the order of the Rent Controller was not
unreasonable so as to call for any interference in exercise of revisional
jurisdiction. The case of Kaptan Singh (supra) was a peculiar case in
which the plaintiff therein had only attached the photocopy of the
pronote and had not annexed the original pronote and in the photocopy,
the name of Kaptan Singh was written as scribe whereas in the original
pronote, name of Kaptan Singh was not mentioned and it is only after
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inspection, that it came to light that there were alterations in the pronote
with respect to which the amendment was made and which also required
recalling of the witnesses so as to put the said alterations to the
witnesses. The Co-ordinate Bench of this Court while dismissing the
revision petition had observed that when the trial Court had allowed the
amendment and had exercised its discretion to recall the witnesses, the
same did not call for any interference
27. In the present case also, where the Court had, after taking
into consideration all the facts and circumstances, exercised its
discretion not to allow recalling of the witnesses of the respondent-
landlord and had observed that the petitioner was only trying to delay
the proceedings, this Court finds no reason to interfere in the said order
in its supervisory power under Article 227 of the Constitution of India
Accordingly, the impugned order is upheld and the present revision
petition being meritless, deserves to be dismissed and is dismissed.
28. The observations made in the present order should not be
construed as an expression on the final merits of the case and the said
observations have been made only to consider the legality or otherwise
of the impugned order, vide which the application for recalling filed by
the petitioner has been dismissed. The Rent Controller would decide the
main case independent of the observations made in the present order.
( VIKAS BAHL )
September 30, 2025 JUDGE
naresh.k
Whether reasoned/speaking? Yes
Whether reportable? Yes
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