S. 151, Or. 18 R. 17 and Or. 7 R. 14 - Recall of witness - Filing of application for re-examination of witness, when matter
posted for judgment - Exercise of inherent powers - Impermissibility of - Respondent-plaintiff filing suit for recovery of an
amount - When matter posted for judgment, respondent-plaintiff filed application to submit some more documents and
recall of PW 1 for proving those documents - Trial court rejected that application whereas High Court permitted it -
Unsustainability of - Held, though application was filed for filing of original copies of bills but they were not placed on
record even though they were in the exclusive possession of respondent-plaintiff - At such belated stage, when evidence
had concluded and arguments were heard, submission of bills was improper and respondent-plaintiff cannot be permitted
to fill up its lacunae in its case - No acceptable reasons or causes made out for accepting that application at the belated
stage despite sufficient opportunity being given to respondent-plaintiff to prove its case - When such application filed at a
very belated stage, even inherent powers under S. 151 cannot be used,
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 1787 OF 2013
M/s Bagai Construction V M/s Gupta Building Material Store
Citation;(2013)14SCC1:AIR 2013 SC1849
