• Section 151 CPC limitation to recall order

Respected Advocates,
i want to file an application under section 151 of CPC, in District Court, to recall the order, obtained by practising fraud upon District Court by opposite party in December 2017, which i came to know before a month ago, therefore you are requested to reply and advice me for my below questions.

1. Is there any limitation to file recall application under section 151 of cpc for the reason mentioned above.
2. if so, what is period ?.
3. whether application has to be filed for delay condonation separately.
4. as impugned order is signed and finalized in December 2017, whether question of maintainability will be raised by opposite party.
5. limitation of recalling order, when starts - from the date of knowledge or from the date of order.

thanks
Asked 4 years ago in Civil Law

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8 Answers

1) you may file for review of the order before the same bench within thirty (30) days

an intra court appeal or letter patent appeal may also be filed with in 90 days.

An SLP before the Supreme Court within 90 days

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Supreme Court in Om Prakash Marwaha v. Jagdish Lal Marwaha, (2009) 1 SCC 510, relying upon in Jang Singh v. Brij Lal, AIR 1966 SC 1631, held that a litigant should not suffer on account of the lapse made by an officer of the Court. Applying the well-known maxim actus curiae neminem gravabit, that an act of court should do no harm to a litigant, this Court held that the mistake should be rectified by the Court and the parties relegated to the position on the date when the mistake occurred

2) Inherent power to recall its own order vesting in tribunals or courts and set aside an orders:-

(i) obtained by fraud practised upon the court,

(ii) when the court is misled by a party, or

(iii) when the court itself commits a mistake which prejudices a party.

3)application should be filed within period of 30days of receipt of certified copy of order

4) if ther is delay application for condonation of delay should be filed

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Firslty, there always be a limitation period for filing he appeal against any order.

Secondly, but limitation strata from the time when you are aggrieved by it.

Thirdly, in your case, the limitation period starts when you have got to know about the fraud.

Fourthly, application for condonation of delay would go along with the same application under section 151 of CPC.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. There is no limitation prescribed for filing a petition u/s 151 CPC.

2. same as above.

3.No

4. I do not think recalling is possible u/s 151 CPC. Your remedy lies in revision u/s 227 of the constitution of India.

5. Same as above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. What is the order?

2. Section 151 CPC does not apply when there is a remedy under an express provision in CPC.

3. There is no limitation of filing 151 CPC but it has to be filed at the first available opportunity.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

A application can be filed under 151 cpc.as the order is obtained by fraud no limitation apply as the application is to be filed when such fraud come to notice.of the litigant.

The judiciary in India also possesses inherent power, specially under Section 151 C.P.C., to recall its judgment or order if it is obtained by Fraud on Court. In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the Decree obtained by fraud. Inherent powers are powers which are resident in all courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the Constitution of the Tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behaviour. This power is necessary for the orderly administration of the Court's business".

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Order obtained by fraud is void ab initio, no limitation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Even though there may be any limitation to highlight such issues before court, you may always mention that you came to know about this fraud played on court very recently.

2. Generally it should be three years from the date of knowledge.

3. Depends on the prevailing situation.

4. They may raise any thing but you can fight the same on reliable documents

5. Date of knowledge

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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