MANOJ KUMAR Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) Heard Shri Sharad Malviya, who has filed the instant recall application seeking recall of the order dated 25.01.2019, whereby the writ petition was dismissed as withdrawn.

(2.) It has been submitted by him that the erstwhile counsel withdrew the writ petition without seeking permission of the petitioners. The matter was carried up to the Apex Court in S.L.P., which was dismissed as withdrawn granting liberty to them to approach the High Court for appropriate relief and, thereafter, the instant recall application has been filed.

(3.) The next submission made is that a suit under Sec. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, was decreed on the basis of an admission made in the written statement filed by the defendant, Laxmi Narain. An application to recall this judgment and decree filed 27 years later has been allowed, although there was no cogent explanation given for the condonation of delay of 27 years. The third contention is that no fraud has either been resorted to nor was proved by the respondents.