Recalling Witness For Cross-Examination Necessary When New Issues Are Framed: Karnataka HC

The Karnataka High Court has clarified that when a matter is remanded for deciding a specific new issue like the validity of a Will, allowing the recall of a witness for further cross-examination is essential to ensure a fair trial and prevent prejudice.

In a significant move to uphold procedural fairness, a Single Judge Bench of Justice Lalitha Kanneganti set aside a trial court order that had refused to recall a plaintiff for cross-examination in a partition suit. The Court emphasized that since the burden of proving the Will now rested on the defendants due to newly framed issues, denying them the opportunity to cross-examine the beneficiaries would be improper.

Impact of Additional Issues on Witness Examination

The Court observed that while the witness might have been examined at length during the initial stages of the litigation, the subsequent framing of an additional issue regarding the validity of a Will creates a fresh requirement for evidence. The High Court rejected the trial court's finding that such applications were merely dilatory tactics.

The Court, in its reasoning, observed: "There was no issue with regard to the alleged will earlier when the evidence is adduced. Now, additional issue is framed and if the plaintiff/PW-1 is cross-examined there is no prejudice to the plaintiff and it would facilitate the defendants to prove the will as the plaintiffs are also a beneficiaries of the said will."

Directions Issued to the Trial Court

While allowing the petition, the Court remained mindful of the strict timeline previously set by the High Court in the related Regular First Appeal. Consequently, it issued specific instructions to ensure the trial proceeds without further delay.

The Court has the following directions:

"(i) The order passed on I.A. No. 10 in O.S. No. 3506 of 2015 dated 29.04.2026 by the XV Additional City Civil and Sessions Judge at Bengaluru, is set aside and consequently, I.A.No.10 is allowed.

(ii) The matter is remanded back to the trial Court.

(iii) Defendants shall cross-examine PW1 on Monday i.e., on 08.06.2026 and shall conclude it on the same day.

(iv) Defendants’ further evidence shall also be completed by 12.06.2026 and the trial Court shall not grant any further adjournments and shall proceed with the matter, expeditiously in the light of the earlier orders passed by the High Court."

Background:

The dispute originated from a suit for partition and separate possession filed by the respondents. Although the suit was initially decreed, it was challenged in R.F.A. No. 1940 of 2025. By a judgment dated 17.11.2025, the High Court remanded the matter for the limited purpose of deciding the validity of a Will and directed the trial court to frame a specific issue on this point.

Following the remand, the plaintiffs (respondents) declined to lead further evidence, while the defendants (petitioners) led their evidence. The defendants subsequently filed an application (I.A. No. 10) under the CPC to recall PW-1 for further cross-examination, arguing that the plaintiffs were also beneficiaries of the Will and their testimony was crucial for proving the document. The trial court dismissed this application, labelling it an attempt to drag the proceedings, leading to the current challenge under Article 226 and 227 of the Constitution of India.

Case Details:
Case No.: WP No. 16606 of 2026
NeutralCitation: 2026:KHC:26709
Case Title: Smt. Bharathi & Others v. Smt. Janakamma & Others
Appearances:
For the Petitioner(s): Sri. D. Nagaraja, Advocate
For the Respondent(s): Sri. B. Ramesh, Advocate for Sri. K.S. Narendra Babu Reddy, Advocate for C/R1 & R2

Source: 2026 CaseBase(KAR) 193