Last Updated on February 11, 2024 by Satish Mishra
Recalling Order Punjab and Haryana High Court (PHHC) at Chandigarh if sufficient cause is established under its inherent powers.
A recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice.Let’s not confuse Recall with Review at all.
In Review Petition (PHHC), court see if there is an error
A review petition is a request to a court to reconsider a judgment or order that it has already issued. A court may accept a review petition if it is filed on sufficient grounds, such as:
The discovery of new and important evidence or information
A glaring omission or mistake
An error apparent on the face of the record
Any other sufficient reason
A review petition must be filed in the same court that issued the order. The petition must be filed within 30 days of the date of the judgment or order.
A review petition is different from a revision petition. A review petition is filed in the same court that issued the order, while a revision petition is filed in a higher court. A review petition can only be sought on the grounds of new and important evidence or information, while a revision petition can be sought on the grounds of error of law or fact.
A decision rejecting a review application cannot be appealed.
WHEREAS
A recall petition in a high court can be filed to recall an order that was passed without giving an affected party a chance to be heard. A recall petition is different from a review petition, which considers the merits of the case. When considering a recall petition, a court will only look at whether:
The principles of natural justice have been violated
The court did not have jurisdiction to consider the matter
A court has the inherent power to recall orders under rules of procedure if sufficient cause is established. The specific facts and circumstances will determine the outcome of the application for recalling the order.
In Recall Petition (PHHC), court see if any procedural infirmity is there or not. For e.g. when a fraud is played upon court or other party has not been given opportunity to defend.
One such instance where High Court Chandigarh has done it is explained here on my other website Indialegalnews.com wherein due to procedural infirmity the orders were recalled.
Read the entire post here.
Also in Criminal petitions before PHHC, state is always given opportunity to defend its stand whenever any of the bail conditions are violated.
One such case is CRM-N-63788-2023 recently decided on 1.2.2024.
Here on such case is of Motor Accident Tribunal where court gave liberty to respondents to move recalling of order application within 30 days, if they are not satisfied with the PHHC order.
Case is CR-543-2024 decided on 31.1.2024.
Yet in another case of cheque bounce, the PHHC waived off the deposit of 20% of the compensation amount to be deposit before entertaining of appeal.
Here in this case also, the court gave the liberty to respondent to recall the same if dissatisfied with the order.
Case CRM-M-3878-2024 decided on 24.1.2021.
Non joinder of party can also be one such ground for recalling the order by High Court Chandigarh.
Under CPC, Section 151 also provides inherent powers to recall its judgment or order if it is obtained by fraud or court.
Limitation of Recalling Application
As such there is no such limitation but CPC prescribes ideally from date of knowledge or within 3 years.
High Court Chandigarh being a court of record under Article 226 can review its own judgment.
In CRPC this happens under Section 482.
Now if you want more instances where court has recalled its order, you can find it here.
Stories from internet.
2 Hostile witness must be recalled if he wants to depose: Punjab and Haryana HC
3 HP High Court to hear DGP Sanjay Kundu’s petition to recall order today
4 HC recalls order on handing over management of Rupnagar dargah to Punjab government
Even an ex parte order can be recalled by a necessary party.
For case specific advice, please contact Punjab and Haryana High Court Chandigarh best top expert lawyers.
More on 99888-17966.
