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Allahabad High Court · body

2010 DIGILAW 1523 (ALL)

Shashi Kant Jaiswal v. Registrar, Firms, Societies Evam Chits, Lko. and Others

2010-05-10

RAJIV SHARMA

body2010
Rajiv Sharma, J.—The writ petition has been listed under Chapter XII Rule 4 of the Allahabad High Court Rules on 26.11.2008 and the same was dismissed. Thereafter, the petitioner moved an application for recalling the order dated 26.11.2008 along with an application for condonation of delay.2. Admittedly, there is no provision for recalling the order, if the same is being dismissed under Chapter XII Rule 4 of the Allahabad High Court Rules.3. Learned Counsel for the petitioner submits that a Division Bench of this Court in the case of 'Dwarika Prasad v. Smt. Savitri Devi, [1980 Allahabad Weekly Cases Page 478]' has held that the Court has jurisdiction to recall the order in the event of a specific cause being shown for steps not having been taken on the date when case was listed under Chapter XII Rule 4.4. As the ground shown in the application for recalling the order is sufficient, delay in filing the recall application is condoned. Application for recall is allowed and the order dated 26.11.2008 is hereby recalled provided the petitioner will take steps within 24 hours. The writ petition is restored to its original number.5. In case the petitioner takes steps within 24 hours after completing all the formalities, Registry is directed to verify and proceed in accordance with High Court's Rules.6. List the matter before the appropriate Court.7. The matter shall not be treated as part-heard or tied-up before this Court._____________