IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13361 of 2011 Tapiya Devi Versus Prabhu Kumar & Ors ---------------------------------- 2. 19.08.2011 Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed against the order dated 13.5.2011 passed by Sub Judge 9th , Muzaffarpur in Pattition Suit No. 509 of 2008 whereby the learned court below refused to recall the order dated 6.9.2010 which was passed disposing of the application filed by the present petitioner for abatement of the suit under Section 4 (b) and 4 (c) of the Consolidation Act. The learned counsel for the petitioner submitted that by the earlier order the application has not been decided and the court below has only kept the matter pending for inquiry regarding the nature of the land. Therefore, the petitioner filed second application to recall that order. The learned court below refused to recall the said order on the ground that the detail order has been passed. From perusal of the impugned order it appears that the learned court below has given good reason for not recalling the earlier order. It may be mentioned here that instead of challenging the earlier order or recalling the earlier order this application under Section 2 151 C.P.C. for recall of the earlier order has been filed. Unless it is shown that there is any error apparent on the face of the record or any mistake has been committed by the court below, the order cannot be recalled. I therefore, find no reason to interfere with the impugned order in the supervisory jurisdiction under Article 227 of the constitution of India. Accordingly, this application is dismissed. S.S. (Mungeshwar Sahoo,J.)