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tarunexports (CEO)     26 December 2017

Time limit for filing petition for recalling order of high c

Kindly provide the time limit for filing Petition for recalling of Order of Hon'ble High Court in Writ Petition.

 

 



Learning

 5 Replies

Vishwa Bhushan Arya (Service)     28 December 2017

An order passed in a writ petition has following remedies

One - you may file for review of the order before the same bench within thirty (30) days

Two - An intra court appeal or letter patent appeal may also be filed with in 90 days

Third - An SLP before the Supreme Court within 90 days 

1 Like

tarunexports (CEO)     02 January 2018

Thank You learned Mr. Vishwa Bhushan Arya Sir for indulgance.

Sir, I want to know about recalling of order filed by third party u/s 151 of CPC  which was not a party in Writ Petition.

The third party has filed application to be made party in disposed of Writ Petition in End of 2015 and prayed for recalling of Order u/s 151 of CPC. My query is that " Is this Sustainable?" even when this third Party was aware of this decision 2 years ago.

Regards & Respects

 

Vijay Raj Mahajan (Advocate)     02 January 2018

The application u/s 151 CPC not sustainable at this stage based on the facts mentioned here by you, rest the High Court will decide the matter, no more comments on sub-judice matter.

1 Like

tarunexports (CEO)     02 January 2018

Originally posted by : Vijay Raj Mahajan

The application u/s 151 CPC not sustainable at this stage based on the facts mentioned here by you, rest the High Court will decide the matter, no more comments on sub-judice matter.

 

Thank You learned Mr.Vijay Raj Mahajan Sir for your indulgance. Grateful

 

Vishwa Bhushan Arya (Service)     02 January 2018

Once the Writ Petition is disposed, third party cannot intervene under any provision of law much less under section 151 CPC particularly when the writ was decided 2 years ago to the knowledge of the applicant, third party.  Further, one could intervene in a pending writ under Order I Rule 10 CPC.  But here the writ stood disposed.  So, an application under section 151 CPC by a third party is not maintainable.  


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