AI Overview...
- Limitation Period for Recall of an Order - Main points and insights:
- Applications to recall or set aside orders (e.g., ex parte decrees, orders under Section 151 CPC) are generally subject to limitation periods, often specified by the Limitation Act or CPC provisions. For instance, an application under Order 9 Rule 13 to recall an ex parte decree must be filed within 30 days (00900012446).
- Applications filed beyond the prescribed limitation period are typically dismissed as time-barred, unless condonation of delay is granted on sufficient cause (00900012446, 01100016575, 02300015078).
- Section 151 CPC is not a substitute for limitation; it provides inherent powers to the court to prevent miscarriage of justice but does not extend limitation periods (01100016575, 02200000070).
- Specific time limits are set for different types of applications, such as 30 days for recalling eviction orders or ex parte decrees; exceeding these limits often leads to rejection (02300015078, 01100016575).
- Applications for recall based on misrepresentation or fraud may be entertained if filed within a reasonable time, but generally, the court emphasizes adherence to limitation periods (02200000070, 00800049498).
- Condonation of delay can be granted if sufficient cause is shown, but courts scrutinize whether the delay was unintentional and bona fide (00900015796, 01100016575).
- If an application is filed after the expiry of limitation, it is usually dismissed, and the court may also consider whether the application was made in good faith (00300007329, 01100016575).
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In some cases, the court has inherent power to recall orders made due to misrepresentation or mistake, but such powers are also subject to limitation considerations (02200000070).
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Analysis and Conclusion:
- The general principle is that applications to recall or set aside orders under CPC are time-bound, with specific periods such as 30 days for ex parte decrees and other orders.
- The Civil Procedure Code and Limitation Act work together, with the latter prescribing time limits that courts are reluctant to extend unless exceptional circumstances or sufficient cause for delay are established.
- While Section 151 CPC provides inherent powers to prevent injustice, it does not override limitation periods, and applications filed after the prescribed time are typically rejected.
- Proper adherence to limitation periods is crucial; otherwise, applications are dismissed as time-barred, emphasizing the importance of timely filing or seeking condonation where justified (00900012446, 02300015078, 01100016575).
Search Results for "Limitation Period for Recall of an Order under Cpc"
1990 0 Supreme(Del) 343 • India - Delhi
M.L.VERMA
to seek a review of that order under Section 151 CPC after the period of limitation has expired. ... of the order restoring the suit, and that such an application could not be filed under Section 151 CPC as the period of limitation ... Whether an application for review of an order restoring a suit could be filed under Section 151 #HL_....
2001 0 Supreme(Cal) 761 • India - Calcutta
AMITAVA LALA
The application was filed beyond the 30-day limitation period prescribed under Article 123 of the Limitation Act, 1963. ... (CPC) to recall or set aside an ex parte decree passed against it. ... ORDER 9 RULE 13 - CONDONATION OF DELAY - SUFFICIENT CAUSE - EX PARTE DECREE - UNDEFENDED SUIT - LIMITATION ACT, 1963, ARTICLE ... Article 123 of the Limitation....
2019 0 Supreme(Pat) 1806 • India - Patna
ASHWANI KUMAR SINGH
Civil Procedure Code, 1908 – Order VIII, Rule 1 – Written statement – Limitation – Probate case – Petitioners ... extended statutory period as provided under Order VIII, Rule 1 of CPC – They were debarred from filing written statement after more ... than a year and seven months from date of their impleadment in suit – When their application for recall of order....
1996 0 Supreme(Cal) 7 • India - Calcutta
N.K.BHATTACHARYYA
CPC) to recall an order rejecting his application for condonation of delay in filing an application under Section 17(2) and (2a) ... Whether the application under Section 151 CPC was filed within the limitation period? 3. ... limitation period of three years under the residuary provision of the Limitation Act. ... provision of the #HL....
1995 0 Supreme(Kar) 242 • India - Karnataka
H.N.TILHARI
Recall - Application for recalling Order dated 28-10-1983 - Section 151 of Civil Procedure Code, Article 137 of Limitation Act ... The application for recall was found to be beyond the limitation period, and the petitioner's allegations were deemed false and incorrect ... - The court dismissed the application for recalling the order as it was beyond th....
2009 0 Supreme(P&H) 1548 • India - Punjab and Haryana
SURYA KANT
to recall the order remained unsubstantiated. ... Court: The Rent Controller found that the tenant's non-appearance was not unintentional and bonafide, and the application to recall ... the eviction order was time-barred. ... the same was moved on 14.12.2005 which is beyond the limitation period of 30 days. ... On coming to know about the same, the petitioner-tenant moved an application....
1976 0 Supreme(Ori) 68 • India - Orissa
P.K.MOHANTY
SUBSTITUTION OF LEGAL REPRESENTATIVE - ORDER 22, RULE 3 AND RULE 5, CIVIL PROCEDURE CODE - DISTINCTION - POWER OF COURT TO RECALL ... The court has the power to recall a previous order made under Order 22, Rule 3, Civil Procedure Code, if it was made due to misrepresentation ... Therefore, the court had inherent power to recall the previous o....
2006 0 Supreme(Pat) 368 • India - Patna
NAVANITI PRASAD SINGH
Code of Civil Procedure, 1908-Order VI Rule 17-Amendment in the relief portion-Amendment opposed as barred by limitation-Whether ... a suit would succeed finally or not or whether the suit is barred by limitation or not is a matter of decision consequent to the ... Twenty five years having elapsed, the period of limitation prescribed was long over and as such, a valuable right had accrue....
2009 0 Supreme(Del) 1260 • India - Delhi
ARUNA SURESH
period of limitation—Petitioners cannot be shown any indulgence on the question of limitation because they have not filed any application ... Civil Procedure Code, 1908—Order 12 Rule 6—Limitation Act, 1963—Sections 12 and 14—Application for revival of appeal pursuant to ... recall of order—Application lacking bona fides—Appellants making false statemen....
• India - Allahabad High Court
VIPIN CHANDRA DIXIT
The recall application dated 17/18.08.2015 was time-barred, hence, an application under Section 5 of the Limitation Act was also ... Fact of the Case: application under Section 5 of the Limitation Act has also been filed. ... Karunesh Kumari & others) within stipulated period of time. ... application under Order 9 rule 13 read with Section 151 C.P.C.
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