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JAYANT BANERJI
Mahadev Singh – Appellant
Versus
Prakash Narain – Respondent
| Table of Content |
|---|
| 1. applications for condonation of delay. (Para 1 , 2 , 3) |
| 2. challenges to withdrawal and misconduct allegations. (Para 4 , 5 , 6 , 8 , 9) |
| 3. dependence on consent for procedural actions involving multiple petitioners. (Para 7) |
| 4. court's observations on procedural adherence. (Para 10 , 12) |
| 5. legal standards for withdrawal applications. (Para 11) |
| 6. restoration of the petition following the court's findings. (Para 13) |
| 7. order to recall and restore due to fraud allegations. (Para 14 , 15 , 16) |
JUDGMENT
Jayant Banerji, J.
Civil Misc. Delay Condonation Application No.14 of 2022 Civil Misc. Recall Application No.15 of 2022
The aforesaid applications have been filed on 29.04.2022 seeking condonation of delay in filing the recall application, and to set aside the order dated 25.03.2022 passed by another bench of this Court dismissing the aforesaid petition as withdrawn, and for restoring it to its original number and deciding the same on merits.
2. The aforesaid applications have been filed by Sri. Arun Kumar, Sri. N.D. Shukla and Sri. Vivek Shukla, Advocates on the strength of a vakalatnama of the petitioner no.1/1-Vijay Bahadur Singh, petitioner no.1/2-Ashok Kumar Singh, peti
A petition cannot be withdrawn by one plaintiff without the consent of all plaintiffs, and fraud in the withdrawal process necessitates a court's power to recall its dismissal order.
A stranger to the proceeding has no right to file a recall application against a judgment and decree passed on the basis of a compromise.
The right to withdraw a suit is absolute unless restricted by law, and a significant delay in seeking recall of such withdrawal must be justified with a bona fide explanation.
The court ruled that a party's knowledge of an order and failure to justify significant delays in appeals precludes the recall of orders passed on merits.
The main legal point established in the judgment is that a party, after filing a separate written statement and pleading collusion and fraud, is entitled to cross-examine witnesses based on their wri....
The court reaffirmed the necessity for courts to facilitate restoration of suits withdrawn under settlements, emphasizing the right of parties to seek remedies under statutory provisions despite the ....
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