Application by a Necessary Party Seeking Recall of an Ex-Parte Order is Maintainable: Allahabad High Court

The Allahabad High Court ruled that every Court and Tribunal possess inherent power to set aside an ex-parte order as a form of 'procedural review,' distinct from the statutory power to review a case on merits.

Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order to correct procedural defects and ensure justice between the parties. This inherent power allows the Court or Tribunal to correct procedural illegality that invalidates the proceedings and the order itself. 

The case in question involved a recall application against an ex-parte order passed under Section 24 of the UP Revenue Code. The Court held that a recall application can be maintained by non-parties if they are necessary parties to the proceedings. 

The judgment emphasizes the principle of natural justice that no adverse orders should be passed without giving an opportunity of hearing, and a recall can be sought to correct procedural errors. 

The Court clarified that a recall or review based on procedural irregularities does not require an adjudication on the merits of the case; establishing procedural error or illegality is sufficient for exercising the inherent power of recall.