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Civil Miscellaneous No. 178‑8 of 1979 in Civil Petition for Special Leave to Appeal No. 945 of 1976, decided on 13th February 1980.

‑‑O. XXIII, r. 3 read with S. 151‑‑Petition for Special Leave to Appeal dismissed as withdrawn on prayer of both parties on their arriving at a settlement‑‑Party resiling from settlement may have other legal remedy open yet recall of consent order, held, not justified.

Syed Ahmed Saeed Kirmani, Advocate Supreme Court for Petitioner,

Nemo for Respondents.

Date of hearing : 13th February, 1980.

.‑This miscellaneous application seeks a re hearing of Petition for Special Leave to Appeal No. 945 of 1976, which was dismissed as withdrawn by this Court on the 26th of June, 1979, with the following order :

"The counsel for the parties present along with their clients, state that the parties have arrived at a settlement and they do not want to prosecute this case any further. Thus pray for its withdrawal."

It is submitted that the opposite‑party has resiled from the settle ment, which bad led to the withdrawal of this petition, and, therefore, It is necessary that the case be re‑heard on merits.

The application is clearly misconceived, as the petition for leave to, appeal was dismissed on the prayer of the petitioner and in the presence of both the parties. If the opposite‑party has now resiled from the settlement previously arrived at, the petitioner may have other legal remedy open to him, but this circumstance would not justify a recall of the consent order made by this Court on the 26th of June, 1979.

This application is, accordingly, dismissed.

Petition dismissed.

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