Recall of order
Querist :
Anonymous
(Querist) 19 September 2011
This query is : Resolved
I was to appear as counsel for the respondent No-4 in a Criminal Writ petition to object the Quashing of the Order. The cause list in error did not had my name on it and therefore I missed attending the case.
The case was quashed on that day as the AGA did not object Quash the objections were to be filed by me on behalf of informant/complainant.
I have now filed a Recall application in the court stating the reasons for non appearence as non printing of my name in the cause list. Can anyone confirm if the recall is possible.
There is a SC citation - Vivek Aggarwal Vs State of UP where recall was held valid by SC.
Daksh
(Expert) 19 September 2011
Dear Anonymous,
It is evident from your post that due to genuine communication gap you could not attend the court hearing (meaning thereby that you cannot address the court orally in person neither on account of non filing of objection there was nothing on record) hence in my humble view we have to seek shelter of concerned high court rules in this regard. But mind it here the descretion factor of the bench is equally important. Still there is no harm in taking a chance.
Best Regards
Daksh
M/s. Y-not legal services
(Expert) 19 September 2011
Yes. You can set aside the order which is disposed on your absense. Mis entry in cause list is reasonable ground. Court will consider it..
Guest
(Expert) 19 September 2011
I endorse the views of Shri Daksh.
prabhakar singh
(Expert) 19 September 2011
your grounds of non appearance sound justified,in our view,but as these matters are more are less governed by temperament of judges presiding due to discretion enjoyed by them,much depends how much able you are to read the momentum mind of the judge spontaneously to side corner the stone before
you. HENCE Expert Daksh has guided you in more right way ALTHOUGH Mr. Tom is NOT wrong,but he wants to plead it a right ,which natural justice demands,but equitable rights can be always demanded humbly,making them a right confronts with ego of judges,while humility and meekness touches their soul.
Shastri J.K.
(Expert) 19 September 2011
I also do agree with Daksh.
Advocate. Arunagiri
(Expert) 19 September 2011
You have not informed whether you have filed your memo of appearance or not. If you have filed only, your name will come in the cause list. Other wise the party name will come in the cause list.
If the case was disposed without counsel or party name, will be restored.
