Case Note & Summary
The present application was filed by Jashwantlal Tulsidas (original plaintiff in Special Civil Suit No.135/2024) under Section 151 of the Code of Civil Procedure, 1908, seeking recall of an order dated 18.07.2025 passed by the High Court of Gujarat in Appeal from Order No.97/2025. The applicant was the original respondent in the appeal and the plaintiff in the suit, while opponent No.1 was the original appellant and defendant No.11 in the suit. The suit pertained to property disputes between the parties. The applicant contended that the order dated 18.07.2025 was passed without considering certain documents and submissions, and therefore, the order deserved to be recalled. The opponent No.1 opposed the application, arguing that the order was passed after hearing both sides and that the applicant had alternative remedies such as review or appeal. The court examined the scope of inherent powers under Section 151 CPC and held that such powers can be exercised only in exceptional circumstances, such as when the order was obtained by fraud, when there is a mistake of the court, or when the court lacked jurisdiction. The court noted that the applicant had not alleged any fraud or mistake of court, nor had he demonstrated any lack of jurisdiction. The court further observed that the applicant had alternative remedies available, and the inherent power under Section 151 CPC cannot be used to circumvent those remedies. The court also emphasized that once an order is passed after hearing both sides, it attains finality and cannot be reopened under the guise of recall unless there is a patent error or fraud. The applicant's attempt to reargue the case was not permitted. Consequently, the court dismissed the application, holding that it was an abuse of process of law. The court also imposed costs of Rs.25,000 on the applicant, payable to the Gujarat State Legal Services Authority, to discourage frivolous litigation.
Headnote
A) Civil Procedure - Recall of Order - Section 151 CPC - Inherent Powers - The applicant sought recall of an order dated 18.07.2025 passed in Appeal from Order No.97/2025, arguing that the court did not consider certain documents and submissions. The court held that inherent powers under Section 151 CPC can be exercised only in exceptional cases such as fraud, mistake of court, or lack of jurisdiction, and not to rehear the matter on merits. The application was dismissed as the applicant failed to make out any such ground. (Paras 1-10) B) Civil Procedure - Alternative Remedy - Recall vs. Review/Appeal - Section 151 CPC - The court observed that the applicant had alternative remedies available, such as filing a review petition or an appeal before the Supreme Court. The inherent power under Section 151 CPC cannot be used to circumvent these remedies. The application was held to be an abuse of process of law. (Paras 11-15) C) Civil Procedure - Finality of Orders - Res Judicata - Section 151 CPC - The court emphasized that once an order is passed after hearing both sides, it attains finality and cannot be reopened under the guise of recall unless there is a patent error or fraud. The applicant's attempt to reargue the case was not permitted. (Paras 16-19)
Issue of Consideration
Whether an order passed in an appeal can be recalled under Section 151 of the Code of Civil Procedure, 1908, on the ground that the court did not consider certain documents or arguments, and whether the application for recall is maintainable when the applicant has alternative remedies available.
Final Decision
The application is dismissed with costs of Rs.25,000 payable to the Gujarat State Legal Services Authority.
Law Points
- Recall of order under Section 151 CPC is permissible only in cases of fraud
- mistake of court
- or lack of jurisdiction
- not for rehearing on merits
- Inherent powers cannot be used to circumvent alternative remedies like review or appeal
- Order passed after hearing both sides cannot be recalled merely because applicant wishes to raise new arguments
