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Shyam Singh Parihar vs. LR’s. of Yuvraj Singh & Anr.

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Code of Civil Procedure, 1908–Order 21, Rule 41–Petitioner is seeking to recall the earlier order, passed in first appeal–On earlier occasions of hearing of appeal, counsel for applicant was not present–Court took note of various adjournments and passed the final order–Sufficient opportunities were given for arguments–In a part heard matter, it is discretion of the Court to defer the matter–If the counsel was out of country, he ought to have made arrangements looking to the urgency of matter–Held, no case is made out for recalling the earlier order.