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Judgment
Umesh A. Trivedi, J
This application praying for recall of an order dated 14.10.2019 passed by this court (Coram: Hon’ble Mr. Justice J. B. Pardiwala and Hon’ble Mr. Justice Vireshkumar B. Mayani, JJ) disposing of First Appeal No. 3845 of 2009 based on consent terms filed between the parties, where all these applicants claimed to have signed the consent terms, as submitted by learned advocate for the applicants that consent terms were not intended for one of the Survey numbers mentioned in it.
Under the guise of filing this recall application, which is nowhere provided for under which provision it can be filed, appears to be a substitute for Review application which is provided under the Code of Civil Procedure. With a view to avoid the limited jurisdiction of review under the guise thereof this recall application is preferred where applicants have signed and not put their thumb impressions reflecting that all the four applicants are literate and the consent terms were also placed before the court and applicant No.1.4- Rajubhai Chanduji was party respondent in the suit and holding power of attorney on behalf of all his family members-applicants herein and remained present before the Court. Therefore, no ground is made out to entertain this application praying for recall of an order, even if it is a Review application, no such contentions can be entertained. Hence, this application is required to be rejected.