2025:UHC:51 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS No. 995 of 2023 UHon’ble Manoj Kumar Tiwari, J. None appears for the petitioner. Mr. Nikhil Singhal, learned counsel for the respondents. 2. Petitioner is defendant in Original Suit No. 2 of 2014, filed by respondent No. 1. Learned trial Court vide order dated 13.03.2020, closed the opportunity of the plaintiff (petitioner herein) to lead evidence. 3. Petitioner moved an application for recall; however, in the recall application, he sought recall of order dated 21.03.2020 and the order dated 13.03.2020, whereby his opportunity was closed, was not sought to be recalled. The application, seeking recall filed by petitioner was rejected. 4. Petitioner challenged the trial Court’s order by filing a Revision. Learned Revisional Court dismissed the Revision vide judgment dated 17.12.2022. Thus, feeling aggrieved, petitioner has approached this Court. 5. Learned Revisional Court in para 6 of the judgment has mentioned that no order was passed on 21.03.2020 and the petitioner had sought recall of a wrong order. 6. Since recall application itself was misconceived, whereby recall of order dated 21.03.2020 was sought, while petitioner’s 2025:UHC:51 opportunity was closed by order dated 13.03.2020, therefore, the trial Court rightly rejected the recall application. Learned Revisional Court also was justified in dismissing the Revision. Thus, there is no scope for interference in the matter. 7. The Writ Petition fails and is dismissed. However, petitioner shall be at liberty to move proper application, if so advised and, defendant shall be at liberty to take all objections, if such application is filed. (Manoj Kumar Tiwari, J.) 03.01.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b 08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9 EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.01.04 11:26:57 +05'30'