Despite repeated defaults, a court may grant one final opportunity to cross-examine witnesses subject to costs.

The plaintiff brought O.S. No. 188/2022 seeking specific performance and related reliefs.

After issues were framed, the defendant did not cross-examine the plaintiff’s witnesses despite repeated opportunities; the trial court recorded the cross-examination as nil and later rejected the defendant’s application under Order XVIII Rule 17 read with Section 151 CPC to recall PW-1 and PW-3.

The defendant challenged that rejection under Article 227, acknowledging the opportunities and the lapse, but seeking one final opportunity subject to costs.

Whether the trial court’s rejection of the application to recall PW-1 and PW-3 for cross-examination warranted interference under Article 227

Whether the defendant should be granted a final opportunity to cross-examine the witnesses, subject to costs and specified conditions

The defendant’s recall application was made under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure, and the challenge invoked the High Court’s supervisory jurisdiction under Article 227 of the Constitution.

The Court relied on the ends of justice and the need to do complete justice in the circumstances, exercising its discretion to allow a final opportunity on payment of costs; no precedent was cited.

The Court noted that the defendant had received repeated opportunities to cross-examine PW-1 and sufficient time in relation to PW-3, but had failed to use them; the defendant also admitted the lapse.

Although those circumstances supported the trial court’s refusal, the Court considered the nature of the dispute and concluded that one final, cost-conditioned opportunity would meet the ends of justice and avoid further litigation over the issue.

The defendant was permitted, as a last opportunity, to cross-examine PW-1 and PW-3 on 4 November 2026, subject to payment of costs of ₹5,000 to the plaintiff.

If the defendant failed to cross-examine them on that date, the right to cross-examine would stand foreclosed.