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2017 (1) TMI 1777 - HC - Indian LawsSeeking recall of order - error apparent on the face of the record or not - doctrine of fraud - violation of principles of natural justice - HELD THAT:- In the case of STATE OF PUNJAB AND SUMEDH SINGH SAINI VERSUS DAVINDER PAL SINGH BHULLAR & ORS. ETC. [2011 (12) TMI 656 - SUPREME COURT], it has been held that If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice or where the order has been pronounced without giving an opportunity of being heard to a party affected by it; or where an order was obtained by abuse of the process of the court which would really amount to its being without jurisdiction, inherent powers can be exercised to recall such order, for the reason, that in such eventuality lune order becomes a nullity and the provisions of section 362 crpc would not operate. In INDIAN BANK VERSUS M/S. SATYAM FIBRES INDIA PVT. LTD. [1996 (8) TMI 518 - SUPREME COURT] stated the legal position that where the Court is misled by a party or the court itself commits a mistake which prejudices a party, the Court has the inherent power to recall its order. Application disposed.
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