O.P. Garg, J. - (1.) The present application on behalf of the U. P. Olympic Association which is a registered society, has been filed through Sri Lokpati Tripathi for review/recall of the order dated 5.5.1999 whereby Civil Misc. Writ No. 17745 of 1999 was allowed by this Court. It is prayed that an opportunity may be afforded to the applicant to oppose and contest the writ petition aforesaid.
(2.) Shorn of all superfluities and technicalities, the present application for review/recall has been moved primarily on the following grounds : (1) that the writ petition aforesaid was decided to the serious detriment and against the interest of the applicant, which was not represented at all though it was impteaded as petitioner No. 2 by an unauthorised person, and, therefore, the decision, howsoever lengthy and elaborate it may be, it is In effect ex parte, and, therefore, cannot be sustained against the applicant ; (2) that the order passed by this Court which is In the form of mandamus could not be granted as it was cognizable only by a Division Bench and this Court sitting singly could not enlarge the scope of the suit by granting the relief which was not claimed ; (3) that the writ petition was filed by misrepresenting and concealing the material facts and, therefore, the Court was misled In allowing the writ petition by order dated 5.5.1999; (4) that the applicant--U. P. Olympic Association is an independent registered society and the Indian Olympic Association which Is a distinct legal entity, cannot control the affairs of the U. P. Olympic Association and that the parties could not enter into any agreement whereby the jurisdiction of the appropriate competent court could be ousted ; and the last but not the least ; (5) that the order dated 5.5.1999 which is sought to be recalled suffers from glaring errors apparent on the face of record.
(3.) Heard Sri R. N. Singh, Senior Advocate, appearing on behalf of Razauddln respondent No. 3. S/Sri Ajit Kumar and Girdhar Gopal on behalf of the present applicant : U. P. Olympic Association through Sri Lokpati Tripathi as well as Sri Vijai Bahadur Singh for the original three petitioners, at considerable length and waded through the all pervasive factual and legal grounds, which have been taken in the review/recall application, loaded with plethora of decisions in support of each and every point whether material or Immaterial.;