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Apart from the statutory power of recall of an ex parte order conferred under the first proviso to Section 209 U.P. Revenue Code, 2006, every Court or Tribunal would have an inherent power to recall an ex parte order to secure the ends of justice.
The Delhi High Court dismissed an application filed for “recall of earlier order” under Section 151 of CrPC and held that the settled things could not be permitted to be unsettled at the behest of a person who had not been careful enough with regard to his rights and claims.
While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.
“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”
“A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice.”
Supreme Court: In the case where the Supreme Court Registry refused to register the application seeking recall of the order dated 04.05.2020