MIR DARA SHEKO,J. - (1.) Heard Mr. Sabyasachi Bhattacharya, learned Advocate, being assisted by Mr. Syed E. Huda, learned Advocate representing the petitioner as well as Ms. Sonal Shah, learned Advocate, being assisted by Mr. Kushagra Shah and Mr. Navneet Lal, learned Advocates representing the opposite parties in the recalling application. The recalling application has been filed by the petitioner / defendant of the suit who will be called on hereafter only as the defendant for convenience of purpose and the opposite party as the plaintiff.
(2.) By filing of the aforesaid CAN application the defendant has sought for recalling the order dated January 19, 2017 passed by this Court on merit of course at the instance of the learned Advocate for the plaintiff, presumably due to the reason of non-appearance the defendant despite service of notice.
(3.) It is recollected that order dated March 20, 2017 in CAN application was recorded by this Court in presence of learned Counsel appearing for both the sides since learned Counsel for the petitioner in the application had submitted about gross suppression of material facts before this Court during hearing and disposal of the civil revision case and learned Counsel appearing for the petitioner of the application did not hesitate to undertake payment of exemplary cost if his submissions would be found as not correct. Therefore lower Court record was called for to assess the actual picture about appearance and non-appearance of the parties for which the learned Trial Court had to record the order for hearing of the suit ex parte. The said lower Court record is before this Court. Perused.;