Review petition treated as recall application; no appeal lay against dismissal where the original order was not timely challenged.

An application styled as a recall petition but seeking reconsideration on the merits was treated as a review petition. An order dismissing such review was held not appealable under the combined operation of Order 47 Rule 7 and Order 43 Rule 1(w) of the Code of Civil Procedure, 1908. Because the challenge was confined to the dismissal of the review application and the original amalgamation order had not been timely assailed, the appellant could not convert the proceeding into an appeal against that original order at a belated stage. The plea of fraud did not change the character of the proceedings or create appellate maintainability where an alternative remedy had been available.

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Issues: Whether the appeal was maintainable when the application before the Single Judge, though styled as one for recall, was in substance a review petition; and whether an appeal lay against the order dismissing that application.

Analysis: The application sought re-examination of the order sanctioning the amalgamation and was therefore treated as a review petition rather than a true recall petition. An order rejecting review is not appealable under the combined operation of Order 47 Rule 7 and Order 43 Rule 1(w) of the Code of Civil Procedure, 1908. The challenge in the present appeal was confined to the order dismissing the review application and not to the original amalgamation order, which had not been assailed in time. The Court also noted that the appellant could not, at this belated stage, convert the review proceedings into an appeal against the original order, nor could the plea of fraud alter the character of the proceedings when the alternative remedy of appeal had been available.

Conclusion: The appeal was not maintainable and the objection to maintainability was upheld against the appellant.

Final Conclusion: The order under challenge was treated as one dismissing a review petition, and no appeal lay against it; the appellate proceeding therefore failed at the threshold.

Ratio Decidendi: An application styled as a recall petition but seeking reconsideration on merits is to be treated as a review petition, and an appeal is not maintainable against an order merely dismissing such review when the original judgment is not directly and timely challenged.

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