THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP No.1940 and 1941 of 2011 Common Order: These Civil Revision Petition are directed against the orders passed by the trial Court in allowing the petitions to re-open and re-call P.Ws. 1 to 3. The 1st respondent herein filed the suit for specific performance of agreement of sale dated 16-11-2006. According to the 4th defendant Ex.A.1 is a rank forgery and that the same has to be elicited from their evidence and that she has got good defence in the case. The trial Court came to the conclusion that unless the opportunity is provided to the petitioner for cross examination there is likelihood of prejudice to the petitioner and therefore allowed the I.As. Learned counsel for the petitioners however relying on the decisions reported in VADIRAJ NAGAPPA VERNEKAR v. SHARADCHANDRA PRABHAKAR GOGATE ( (2009 (4) SCC 410) contended that the defendant wanted to fill up the lacuna and therefore the trial court ought not to have allowed the I.As. The Supreme Court in VADIRAJ NAGAPPA VERNEKAR’s case ( supra ) considering the provisions of Order 18 Rule 17 of CPC held that Order 18 and Rule 17 CPC is not intended to be used to fill up omissions in the evidence of a witness who has already been examined and that the main purpose of Order 18 and Rul1 17 is to enable court to clarify any doubts that may have arisen during the course of his examination. It was further held that the Court may recall a witness either on its own motion or on application by any party to the suit and that the prejudice is not a ground for exercise of power by Court. In the instant case after application being filed the court considering the facts and circumstances of the case exercised its discretion to allow the I.As. This being the discretionary order passed by the trial Court, I do not see any ground to interfere with the impugned orders under challenge. Both the Civil Revision Petitions are meritless and are accordingly dismissed. ______ GM, J Dated : 7-6-2011 Kk THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP No.1940 and 1941 of 2011 7-6-2011