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Benami Property

Recall of ex parte orders requires a showing of sufficient cause...

Recall of ex parte orders requires sufficient cause for absence; repeated non-appearance and delayed additional material defeated recall.

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Benami Property April 11, 2026 Case Laws AT
Recall of ex parte orders requires a showing of sufficient cause for non-appearance, whereas review is confined to an error apparent on the face of the record. The Tribunal found no sufficient cause where repeated opportunities had been granted, including a final opportunity after the applicant was already proceeded ex parte, yet the applicant remained absent. Illness and death in one partner's family and lapse of previous counsel were held insufficient, especially when other partners of the firm also gave no explanation. The request to place additional material on record, including a later Supreme Court decision, was not considered because recall itself failed. The recall applications were dismissed.

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Acts Income Tax