1971 (3) TMI 20

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....is is an application under section 151, Civil Procedure Code, praying that the court may be pleased to recall its order dated March 31, 1970. On that day, the case was listed for orders with a report that the applicant had not filed the requisite number of paperbooks in spite of the expiry of the time granted by the Registrar for that purpose. The applicant failed to file the requisite copies of t....

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...., the applicant did not appear in court on March 31, 1970, with the result that the question of extending the time did not arise. The rules of the court do not confer any power upon the court to recall an order returning a reference unanswered. In the present case, the order returning the reference was not passed as a result of any party practising fraud upon the court or as a result of the cou....

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....n the circumstances, we fail to see any power in the court to recall its earlier order dated 31st March, 1970. Under sub-rule (2) rule 3 of Part I of the rules of the court, the General Clauses Act applies to the interpretation of these rules. The learned counsel urged that section 21 of the General Clauses Act would be attracted, because the order dated 31st March, 1970, was an administrative ....