P&H: Rejects Bid to Recall Appeal Withdrawal Order, Cites Counsel’s Authority

punjab-haryana
⚖️ Order Date: 27 Oct 2026
Headnotes

(i) Civil Procedure Code, 1908, S.151 — Recall of order — An order passed by High Court can be recalled only if it bears manifest error on face of the record, meaning thereby clear and obvious mistake in judgment/order, is pointed out. (Para 9)

(ii) Civil Procedure Code, 1908, S.151 — Recall of order — Applicant’s allegation that affidavit accompanying withdrawal application was forged and did not bear applicant thumb impression — Affidavit was notarized and notary duly recorded that applicant was identified by Aadhar Card — Aadhar Card of...


Facts of the Case

P&H: Rejects Bid to Recall Appeal Withdrawal Order, Cites Counsel’s Authority

The Punjab and Haryana High Court has dismissed an application by an appellant seeking to recall an order that had permitted withdrawal of a regular second appeal following a reported compromise between the parties. Justice Nidhi Gupta held that no ground had been made out to reopen the order.

The applicant said he had neither signed nor authorised the application to withdraw the appeal, and alleged that the affidavit filed in his name was forged. He also claimed that he learned the appeal had been withdrawn only when he appeared in court on the date it had earlier been listed,...

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