Supreme Court of India

K.K. Velusamy v N. Palanisamy

(2011) 11 SCC 27520111 min read
The case in brief30-second read
Facts
In a suit for specific performance, the defendant applied under S.151 CPC to reopen the evidence and to recall a witness, to bring material on record. The trial court dismissed the applications, and the High Court upheld that.
Issue
Whether a court can reopen evidence or recall a witness under S.151 CPC.
Held
S.151 is not a substantive provision that creates or confers any power. It recognises the inherent power of every court to do what is right and undo what is wrong. As the Code is not exhaustive, the inherent power can be used where the Code does not cover a procedural aspect, but not where it is prohibited or where the Code exhausts the field. In a fit case, and where the application is bona fide, the court may reopen evidence or recall a witness under S.151, but the power is to be used sparingly and not to fill up omissions. The dismissal was set aside and the matter sent back for fresh consideration.
Principle
S.151 CPC recognises, and does not confer, inherent power; it may be used to reopen evidence in a fit case.
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Facts

  • In a suit for specific performance, the defendant applied under S.151 CPC to reopen the evidence and to recall a witness, to bring material on record. The trial court dismissed the applications, and the High Court upheld that.

Issue

  1. Whether a court can reopen evidence or recall a witness under S.151 CPC.

Held

  • S.151 is not a substantive provision that creates or confers any power. It recognises the inherent power of every court to do what is right and undo what is wrong. As the Code is not exhaustive, the inherent power can be used where the Code does not cover a procedural aspect, but not where it is prohibited or where the Code exhausts the field. In a fit case, and where the application is bona fide, the court may reopen evidence or recall a witness under S.151, but the power is to be used sparingly and not to fill up omissions. The dismissal was set aside and the matter sent back for fresh consideration.

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Citation

K.K. Velusamy v N. Palanisamy (2011) 11 SCC 275

Reported: Supreme Court of India judgment, Civil Appeal Nos. 2795-2796 of 2011 (api.sci.gov.in, judis 37796). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.