Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court

The Supreme Court observed that 'applications' filed on the pretext of ‘clarification/addition’ while evading the recourse of review, ought not to be entertained and should be discouraged.

"Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission", the bench of Justices Surya Kant and J K Maheshwari observed.

The court said that the power of Supreme Court under the Order XL Rule 3 of the Supreme Court Rules of 2013 is limited and can only be exercised sparingly with due caution while confining itself within the parameters as described only to correct clerical/arithmetical mistakes or otherwise to rectify the accidental slip or omission.

These observations were made while disposing applications seeking modification/recall of order passed by it in a Transfer Petition (Criminal)tion’). The court had allowed the petition filed by accused Ketan Kantilal Seth and directed the transfer of pending matters as prayed by him in the petition to the Court of Principal Judge, Bombay City Civil and Sessions Court, Fort, Mumbai, Maharashtra. Opposing this applications, the other side that the Transfer Petition was heard by consent of the parties and that any attempt to re­open the case for hearing on merits is not permissible as per Order XII Rule 3 of Supreme Court Rules, 2013.

While making the above observations regarding the scope of Order XL, the court referred to observations made in this regard in a recent judgment viz. Supertech Limited Vs. Emerald Court Owner Resident Welfare Association.

However, the court disposed of the applications by modifying its earlier order.

Case details

Ketan Kantilal Seth vs State of Gujarat | 2023 LiveLaw (SC) 599 | 2023 INSC 671

Headnotes

Supreme Court Rules, 2013 ; Order XII Rule 3 - Applications filed on the pretext of ‘clarification/addition’ while evading the recourse of review, ought not to be entertained and should be discouraged - Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission  - The power of Supreme Court under the Order XL Rule 3 of the Supreme Court Rules is limited and can only be exercised sparingly with due caution while confining itself within the parameters as described only to correct clerical/arithmetical mistakes or otherwise to rectify the accidental slip or omission. (Para 10-12)

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