Code of Civil Procedures, 1908 :

Section 151 - Power to review or recall - By tribunal and court of its earlier order - Held, could be exercised if such order suffered from the inherent lack of jurisdiction and such lack of jurisdiction was patent; there existed fraud or collusion in obtaining the judgment; there had been a mistake of court prejudicing a party or a judgement was rendered in ignorance of the fact that a necessary party had not been served at all or had died and the estate was not represented - But right to seek vacation of a judgement may be lost by waiver, estoppel or acquiescence.

Review or Recall, power of - In exercise of power conferred by a statute, Collector allowed an application filed by respondent No. 1, a deity seated in a village, for settlement of certain lands - Appellants sought review of the order of settlement on the ground that the public notice of the claim not served in the locality as prescribed - Collector reviewed the order purportedly under Section 151 CPC holding that the proclamation was not properly done in accordance with law - Appellants did not plead 'non service of the notice' but raised objection only with regard to 'the manner of service of notice' - The appellant also did not plead before the Collector that the claim was filed by respondent No. 1 within time or not - Act providing the power to review only if there has been a clerical or mathematical mistake in the course of any proceedings under the Act - In such circumstances, held there was no occasion for the collector to consider these pleas - However, none of these pleas could have been a ground for recalling the order which was otherwise within the jurisdiction conferred on the Collector - Civil Procedure Code, 1908, Section 151 - Orissa Estates Abolition Act, 1951, Section 6, 7 and 38A - Administrative Law.

Lack of jurisdiction and error in exercise of jurisdiction - Distinction between - Former strikes at very root vitiating the proceedings rendering the order passed therein a nullity whereas the latter does not vitiate the legality and validity of the proceedings and the orders passed therein unless set aside in the manner known to law by laying a challenge subject to the law of limitation.