Kindly provide the time limit for filing Petition for recalling of Order of Hon'ble High Court in Writ Petition.
tarunexports (CEO) 26 December 2017
Kindly provide the time limit for filing Petition for recalling of Order of Hon'ble High Court in Writ Petition.
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
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.
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.