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    <title>2006 (3) TMI 347 - HIGH COURT OF GUJARAT</title>
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    <description>An order obtained by fraud or suppression of material facts can be treated as non-est and recalled under the court&#039;s inherent powers, even without a formal prayer for recall. Once the earlier protective order was recalled, the parties had to be restored to their original positions before the dispute could be reconsidered on merits. The eviction direction was therefore not sustained as a final adjudication of substantive rights, and the matter was remitted for fresh consideration with liberty to lead evidence if necessary. The underlying tenancy and eviction controversy remained open for decision by the Company Judge.</description>
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      <title>2006 (3) TMI 347 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=112352</link>
      <description>An order obtained by fraud or suppression of material facts can be treated as non-est and recalled under the court&#039;s inherent powers, even without a formal prayer for recall. Once the earlier protective order was recalled, the parties had to be restored to their original positions before the dispute could be reconsidered on merits. The eviction direction was therefore not sustained as a final adjudication of substantive rights, and the matter was remitted for fresh consideration with liberty to lead evidence if necessary. The underlying tenancy and eviction controversy remained open for decision by the Company Judge.</description>
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