#CPC procedural fairness

The Madhya Pradesh High Court has ruled that a plaintiff may be recalled under Order XVIII Rule 17 CPC to testify on a new limitation issue framed after evidence has closed, ensuring procedural fairness and substantive justice. This clarifies that K.K. Velusamy does not bar recall when the legal ground emerges post-evidence, protecting litigants from being silenced by technical timing.

The Madhya Pradesh High Court has ruled that a litigant’s delay in submitting documents under Order VIII Rule 1 CPC cannot override the fundamental right to defend, especially when evidence has not yet begun. This reinforces procedural fairness in family court proceedings and ensures that substantive justice prevails over technical non-compliance.