P VIJAYA LAXMI Vs. JOINT COLLECTOR

JUDGEMENT

(1.) BY this application filed under Section 151 of the Code of Civil procedure, 1908 (for short 'cpc') the petitioner prays to recall the order dated 17. 10. 2008 passed by this Court in CRP mp No. 5532 of 2008 in CRP (SR) No. 20935 of 2008.

(2.) THE learned Counsel for the petitioner submits that respondent Nos. 9 and 12 who are co-purchasers of the land in dispute have tampered with the revenue records and played fraud upon the authority in obtaining orders, and since they have obtained the orders by playing fraud upon the authorities, having regard to the judgments of the apex Court in S. P. Chengalvaraya naidu v. Jagannath, 1994 (1) SCC 1 and united India Insurance Co Ltd. v. Rajendra Singh, 2000 (3) ALD 60 (SC) = air 2000 SC 1165, the orders of the joint Collector, Ranga Reddy District, which the petitioner has assailed in the revision are liable to be set aside. Hence, he prayed that the order dated 17. 10. 2008 passed by this Court, refusing to grant leave to prefer revision against the orders assailed therein, be recalled and the C. R. P. be heard on merits.

(3.) HAVING heard the learned Counsel for the petitioner and having regard to the facts and circumstances of the case, the following question arises for consideration: whether the Court in exercise of its inherent powers under Section 151 of the code of Civil Procedure, 1908 can recall its own order based on an application filed by the petitioner seeking to recall the order under the premise that the proceedings under challenge was obtained by the opposite party in a fraudulent manner?