State vs Unknown

1. The present application has been preferred to modify/recall the order dated 16.01.2009 passed by this Court in Special Civil Application No. 2600 of 1996.

2. In view of the provisions of the Order 47 Rule 1 of the Code of Civil Procedure, 1908, the facts and contentions which were not mentioned and raised at the time of the hearing of the petition and while passing the order, cannot be permitted to be raised at this stage. Hence, it will not be appropriate to recall the order dated 16.01.2009. The application is therefore, rejected.

(K.S.

JHAVERI, J.) Divya// Top