KOSHAL KUMAR Vs. INDRA DEVI

JUDGEMENT

(1.) The present application has been filed by the petitioner for recalling of order dated 02.12.2020 passed by this Court by virtue of which the petition bearing CRMC No. 791/2018 was dismissed for non prosecution. It is stated that the petition was listed before this Court on 09.11.2020 and this Court directed the learned counsel for the petitioner to seek instructions from the petitioner. However, at that point of time, learned counsel could not establish contact with the petitioner as the petitioner was not reachable and thereafter, the petition was taken up on 26.11.2020 and again learned counsel for the petitioner sought time to seek instructions but the learned counsel for the petitioner was not able to establish contact with the petitioner. Further when the matter was listed on 02.12.2020, learned counsel for the petitioner could not cause appearance because of some unavoidable circumstances leading to the dismissal of the petition for non prosecution.

(2.) The respondents have filed the objections in which the main objection has been taken with regard to the inherent powers of this Court to alter a judgment as it is submitted that only correction/typographical error that can be corrected after the pronouncement of the judgment or final order.

(3.) Heard Mr. Anuj Dewan Raina, learned counsel for the petitioner. Learned counsel has relied upon the judgment of the Supreme Court in Vishnu Aggarwal v. State of U.P. and anr., 2011(14) SCC 813 and Shilesh Katiyar v. Sukhendra Singh and others.