AI Overview...
Recall of Orders Under Principles of Natural Justice in CPC
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Violation of Natural Justice - Orders passed without hearing the affected party violate the principles of natural justice and are liable to be set aside. Courts emphasize the necessity of providing an opportunity to be heard before passing such orders. For example, sources Anamika Mishra @ Rani VS State Of U. P. - Allahabad, KRISHNABAI VS KRISHNARAO JANANTRAO DESAI - Karnataka, and Chandra Shekhar Singh VS District Judge, Lucknow and others - Allahabad highlight that ex parte or summary orders made without hearing are subject to recall or dismissal on grounds of natural justice violations.
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Order Recalls and Setting Aside - The courts recognize the power to recall or set aside orders made in breach of natural justice, especially when the order was passed ex parte or without proper hearing. Source T. V. Rao VS State of Telangana, rep. , by its Principal Secretary to Government, Department of Women & Child Development - Telangana clarifies that the power to recall is distinct from review and requires establishing fault or breach of natural justice.
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Legal Provisions and Limitations - The CPC provisions, such as Order 23 Rule 3, do not generally permit parties to recall witnesses for further examination unless explicitly allowed, as discussed in Anil Dharamsing Taneja VS Kantibhai Gandabhai Patel - Gujarat and Vinayaka CNC Centre Private Limited VS Rudresha D. P. , S/o Pavadaiah - Karnataka. Similarly, no statutory bar exists under Section 362 of CrPC against recalling cases or witnesses, as per T. V. Rao VS State of Telangana, rep, by its Principal Secretary to Government, Department of Women and Child Development, Secretariat Buildings, Saifabad, Hyderabad - Crimes.
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Application in Different Contexts - The principle applies across civil, criminal, and administrative proceedings, including insolvency and bankruptcy cases (Kumarakom Aqua Serene Private Limited vs KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED - National Company Law Tribunal) and administrative reviews (Diblu Naskar VS State of West Bengal - Calcutta). The courts underscore that violations of natural justice, such as passing orders without hearing, undermine the legitimacy of proceedings and justify recalling or setting aside such orders.
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Criteria for Recall - To justify recall, the applicant must demonstrate that the order was made without jurisdiction, in violation of natural justice, or in the absence of a fair hearing. The party seeking recall must establish that the breach was not due to fault on their part, as explained in T. V. Rao VS State of Telangana, rep. , by its Principal Secretary to Government, Department of Women & Child Development - Telangana.
Analysis and Conclusion
The main insight from the sources is that the principles of natural justice are fundamental to ensuring fair proceedings under the CPC. Orders passed without affording parties an opportunity to be heard are inherently flawed and are liable to be recalled or set aside. Courts maintain a cautious approach, emphasizing that recall is permissible primarily when there has been a clear breach of natural justice, and not as a routine remedy. The power to recall is distinct from review and requires substantive proof of violation of fair hearing principles.
References
- Anamika Mishra @ Rani VS State Of U. P. - Allahabad, KRISHNABAI VS KRISHNARAO JANANTRAO DESAI - Karnataka, Chandra Shekhar Singh VS District Judge, Lucknow and others - Allahabad, T. V. Rao VS State of Telangana, rep. , by its Principal Secretary to Government, Department of Women & Child Development - Telangana, Anil Dharamsing Taneja VS Kantibhai Gandabhai Patel - Gujarat, T. V. Rao VS State of Telangana, rep, by its Principal Secretary to Government, Department of Women and Child Development, Secretariat Buildings, Saifabad, Hyderabad - Crimes, Diblu Naskar VS State of West Bengal - Calcutta, Kumarakom Aqua Serene Private Limited vs KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED - National Company Law Tribunal, Vinayaka CNC Centre Private Limited VS Rudresha D. P. , S/o Pavadaiah - Karnataka
Search Results for "Recall of Order Passed in Principal of Natural Justice under Cpc"
2019 0 Supreme(All) 843 • India - Allahabad
ANIL KUMAR, SAURABH LAVANIA
is passed without hearing person, same violation of principles of natural justice and liable to set aside and settled principle ... is passed without hearing person, same violation of principles of natural justice and liable to set aside and settled principle ... order and was passed without providing any opportunity of hearing to appellant – Appellants application for recall of order to proceed ... Learned counsel....
1994 0 Supreme(Kar) 109 • India - Karnataka
N.D.V.BHATT
Partition - Recall of Papers - Section 54, C. P. C. - Shripal Malsarji v. ... The court emphasized the need for natural justice and hearing all parties before making a decision. ... The court also emphasized the need for natural justice and the duty to hear all parties before making a decision. ... ... ( 1 ) THIS revision petition is directed against the order dated 23-10-1990 passed by the Principal Munsiff, Gadag on I. A. No. I i....
2014 0 Supreme(All) 405 • India - Allahabad
ANIL KUMAR
of natural justice. ... principles of natural justice. ... The appellant's objections under section 47 C.P.C. and for recall of an ex parte order were rejected by the Executing Court. ... in nature, in contravention of principle of natural justice and fair play, liable to be set aside. ... In the result, revision is allowed and the order dated 8.11.2010 passed in Execution Case No. 37 of 2007 as w....
2009 0 Supreme(Cal) 379 • India - Calcutta
DIPANKAR DATTA
WRIT PETITION - REVIEW - MAINTAINABILITY - ADMINISTRATIVE APPROVAL - MANDATORY ORDER - INHERENT POWER - NATURAL JUSTICE - PLENARY ... The order dated 26.12.2007 passed by the Principal Secretary, Finance Department is set aside. ... The order dated 26.12.2007 passed by the Principal Secretary, Finance Department is set aside. 2. ... of natural justice. ... passed therein under #....
2014 0 Supreme(Guj) 1056 • India - Gujarat
C.L.SONI
Civil Procedure Code, 1908 - Order 23 - Rule 3 - Petitioner is the original plaintiff who had preferred ... In such view of the matter, no interference is called for in the impugned order in exercise of powers under Article 226/227 of the ... In this petition filed under Article 226/227 of the Constitution of India, the petitioner has challenged the order dated 19.9.2013 passed in Recall Application No. 40 of 2012 by the learned Additional Civil Judge, Surat. ... His acts and statemen....
2019 0 Supreme(Telangana) 97 • India - Telangana
P.NAVEEN RAO
In such eventuality, the judgment is manifestly contrary to the audialterampartem rule of natural justice. The power of recall is different from the power of altering/reviewing the judgment. However, the party seeking recall/alteration has to establish that it was not at fault. ... If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice or where the order has been pronounced without giving an opportunity of being heard t....
2023 Supreme(Online)(KAR) 2424 • India - High Court of Karnataka
MR ASHOK S.KINAGI, J
reopen a case and recall a witness for cross-examination. ... Thus, the court concluded that the impugned order was liable to be set aside. ... This application examines the validity of an order made under I.A Nos.11 and 12 dated 10.10.2017, where the petitioner sought to ... ORDER The petitioner aggrieved by the order on I.A Nos.11 and 12 dated 10.10.2017 passed in O.S.No.140/2011 by the V Additional, Principal Judge, Family Court, Bengaluru, has filed this writ peti....
• India - Crimes
P.NAVEEN RAO
prohibition imposed by Section 362 of Code of Criminal Procedure is not attracted – Act does not impose specific bar on power to recall ... There is no express bar on restoration of DVC dismissed for non-prosecution – Magistrate is competent to entertain application to recall ... order dismissing DVC for non-prosecution – Petition to restore a case by setting aside order dismissing case for non-prosecution ... In such eventuality, the judgment is manifestly contrary to the audialterampartem rule of natural#HL_E....
2020 0 Supreme(Kar) 170 • India - Karnataka
S.SUJATHA
XVIII Rule 17 of Code of Civil Procedure is not a provision intended to enable parties to recall any witness for their further examination ... cannot be used routinely - If so used it would certainly defeat very purpose of rendering justice in an expedite manner - If such ... applications are allowed it would certainly protract proceedings - Procrastination of proceedings would result in failure of justice ... ORDER : The petitioner has challenged the order dated 16.11.2019 p....
2025 Supreme(Online)(NCLT) 3202 • India - National Company Law Tribunal
SHRI. VINAY GOEL, SMT. MADHU SINHA, JJ
(A) Insolvency and Bankruptcy Code, 2016 - Section 7 - Recall of NCLT order - Application filed to recall the admission of a second ... was grounded in the established principles of justice and procedural fairness, with the abandonment of liberties to refile constituting ... (Paras 19-36) ... ... (B) The principles of Order XXIII Rule 1 of CPC and their applicability ... There is no allegation or evidence of ex parte adjudication, fraud, or breach of natural #HL_STA....
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