- (1.) This recall application has been presented to recall the order dated 3.5.2013 and to hear the revision on merits. Learned counsel for the revisionists has argued that when the revision was dismissed, he was not heard although the order is passed on merits.
(2.) Learned counsel for the opposite parties has argued that under the provision of Section 353 Cr.P.C., the Judgment shall not be deemed invalid by reason of absence of the parties. The counsel for the opposite party No. 2 has further relied upon Ajit Singh and another v. State of Punjab, 1983 85 PunLR 75. This ruling does not apply on the facts of the present case because this is based on Section 353 Cr.P.C. and because counsel for the revisionists has not argued that the Judgment is invalid but he has argued that since opportunity was not given for hearing and he could not be present on the date fixed, hence, the order be recalled.
(3.) Counsel for the opposite party has further argued that under Section 352 Cr.P.C. Judgement should not be recalled and in support thereof, he has also placed reliance on Hari Singh Mann v. Harbhajan Singh Bajwa, in which it has been held that review of earlier decision is not permissible except to rectify the clerical error.;