Recall of order

Querist : Anonymous (Querist) 12 October 2023 This query is : Resolved
Respected expert,
In a summary suit a Conditional leave to defend order is passed by the city civil court which is challanged before high court by a writ petition. Now the defendant, my client found that some facts produced by the plaintiff are false and some facts are deliberately suppressed by the plaintiff in the summary suit. My writ petition is pending before the high court for admission. Under the circumstances can I make an application before city civil court for recall of order u/s. 44 of evidence Act and/or section 151 of CPC. (What I understood is that review petition is not maintainable as the writ is filed)
Please guide me on this point.
Thank you in advance.

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T. Kalaiselvan, Advocate (Expert) 19 October 2023
If you have already approached high court with a writ petition seeking to set aside the trial court conditional order, then you may have to wait for the disposal of the same by high court, any act done intermittently may draw adverse impact.

P. Venu

(Expert) 31 October 2023
Yes, the Writ Petition pending, the better option is to await the outcome.

Querist : Anonymous (Querist) 31 October 2023
Hello sir,
My writ petition is dismissed. now can I place the application before city civil court u/s. 44 of Evidence act r/w. sec. 151?

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