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2022 Supreme(Del) 532

C.HARI SHANKAR
Surinder Kumar (Deceased) through LRs. – Appellant
Versus
Ram Ditti (Deceased) through LRs. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Salib Gurdeep Singh.
For the Respondent: Mr. Prabhat Ranjan.

JUDGMENT :

C. HARI SHANKAR, J.

1. This petition under Article 227 of the Constitution of India assails the order dated 28th September 2021, passed by the learned Senior Civil Judge (“the learned SCJ”) in RC ARC No. 78979/2016 (Surinder Kumar vs. Ram Ditti). The impugned order reads thus:

    “RC ARC No. 78979/2016

Surinder Kumar vs. Ram Ditti

28.09.2021

Present: Ld. Counsel for the parties.

Fresh vakalamama filed on behalf of respondent no. 2, 3, 4 and 5.

Matter is listed for final arguments.

An application for recalling of order dated 26.03.2021 has been filed on behalf of respondents.

Arguments heard. Application is perused.

In view of the submissions and reasons mentioned, the application is allowed.

Put up for further RE on 04.10.2021.

Sd/-

(Aditi Garg)

SCJ-cum-RC Central District

28.09.2021.”

2. I may note, at the very outset, that an order such as that impugned in the present petition cannot, legally, be passed. An application seeking recall of an order cannot be allowed without any reasons whatsoever. All that is said in the impugned order is that, in view of the submissions and reasons mentioned in the recall application, the application is allowed and the order dated 26th March 2021 is recalle

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