The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17

Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily.

Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the litigant who is not vigilant and certainly such power cannot be exercised for giving undue advantage to a party .........(4)

The Contract Act, 1872 (IX of 1872), section 170

The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5

From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel with all its materials was pledged to the Bank. The contention of the learned Counsel for the appellant that the Bank ought to have proceeded against the defendant's other securities has got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank should follow a particular security or collateral. High Court Division’s order of vacating attachment is upheld…………………….(36 & 37)