Sample Recalling Order Application

IN THE COURT OF XXI st FAMILY JUDGE AT KARACHI (EAST)

Family Suit No. 3480/2021

[PLAINTIFF NAME]

D/o [FATHER NAME]

Through her Attorney: [ATTORNEY NAME]

S/o [ATTORNEY FATHER NAME] ………………………..… PLAINITFF

Versus

[DEFENDANT NAME] …………………………………………………… DEFENDANT

APPLICATION UNDER SECTION 151 FOR RECALLING OF ORDER DATED: 14-03-2024

It is most respectfully stated on behalf of the plaintiff above named that this Honourable Court may kindly be pleased to recall its order dated: 14-03-2024 wherein the right incorporated under article 10-A of Constitution of Pakistan has been struck off. Audi alteram partem is a celebrated principle of natural justice and the order mentioned above is in violation of the said maxim.

The delay in recording of evidence on part of Plaintiff was neither deliberately nor internationally. That on dated 07-01-2023 counsel for the plaintiff filed Vakalatnama/ power in this Honourable Court on behalf of the plaintiff.

Thereafter, as per diary sheet record of this Honourable court it is evident that 21 dates of hearing of the said family case had been fixed by this Honourable Court till 14-03-2024 out of which only 7 dates of hearing had been fixed for the hearing on all pending applications as well as for the recording of plaintiff evidence as per the diary sheet record of this Honourable Court.

That on dated: 31-01-2024 affidavit in evidence of the plaintiff was filed through her attorney as well as the chief examination of the attorney of the plaintiff was recorded by this Honourable Court. Further that the matter was fixed on dated: 27-02-2024 for the purpose of the cross examination of the plaintiff. However the P.O was on leave hence the matter was fixed for the same purpose on dated: 14-03-2024.

That it is pertinent to mention here that on dated: 14-03-2024 early morning the side was closed against the plaintiff and the post-trial was failed as well as defendant side arguments were heard and said family suit was dismissed without hearing the plaintiff side.

In the above mentioned circumstances this Hon’ble court may be pleased to recall its order dated: 14-03-2024. The same may be accepted & entertained in the int