Case Note & Summary
The dispute arose from a civil appeal concerning the recall of an earlier order by the Allahabad High Court in Writ Petition No. 3638 of 2006. The appellants, represented by Shri Prashant Chaudhary, contended that they did not consent to the recall of the order dated 20.2.2007, despite the High Court's observation that both parties had agreed to it. The Supreme Court heard the arguments and noted the affidavit from Shri Chaudhary, which explicitly stated that he never consented to the recall. The court determined that the matter should be remitted to the High Court for a fresh examination of the recall application, allowing both parties the opportunity to present their case. The Supreme Court directed the High Court to resolve the recall application within four months of receiving the order. The appeal was thus allowed, and the impugned order was set aside, emphasizing the importance of valid consent in procedural matters.
Headnote
A) Civil Procedure - Recall of Order - Validity of Consent - Code of Civil Procedure, 1908 - The court found that the consent for recalling the earlier order was not valid as per the affidavit submitted by the counsel. The matter was remitted to the High Court for fresh disposal of the recall application, ensuring all parties were heard. Held that the High Court must decide the recall application on merits (Paras 1-2).
Issue of Consideration
Whether the consent for recall of the earlier order was validly given.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order, and remitted the matter to the High Court for fresh disposal of the recall application, directing it to be resolved within four months.
Law Points
- Impleadment
- Consent
- Recall of Order
- Fresh Disposal
