Supreme Court Prescribes Declaration To Be Made By Applicant To List Miscellaneous Applications In Disposed-Of Matters
Yash Mittal
11 Dec 2024 4:10 PM IST
Registry has been directed to not circulate the MAs which are filed without such declarations.
The Supreme Court recently deprecated the practice of filing the Miscellaneous Application in the disposed of Proceedings based on the fresh cause of action arising subsequently having a remote connection with the main proceedings.
The Court directed “the Registry to not circulate any miscellaneous application filed in a disposed of proceedings unless and until there is a specific averment on oath that the filing of the miscellaneous application has been necessitated as the order passed in the main proceedings being executory in nature and have become impossible to be implemented because of subsequent events or developments.”
The Court asked the Registry to insist every litigant who wishes to file the Miscellaneous Application in a disposed of matter for such a declaration as above on solemn affirmation.
The bench comprising Justices JB Pardiwala and R Mahadevan heard the matter where the applicant wanted to revive the proceedings in the disposed of writ proceedings and filed a Miscellaneous Application.
At the outset, the Court observed that the “Miscellaneous Application on the face of it is not maintainable in law.”
According to the Court, “No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events.”
“When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution before the High Court, it is not open to the Court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action. If this principle is not followed, there would be confusion and chaos and the finality of the proceedings would cease to have any meaning.”, the court added.
The Court referred to the latest case of Jaipur Vidyut Vitran Nigam Ltd, and Others vs. Adani Power Rajasthan Ltd. and Another (2024) where the bench led by Justice Aniruddha Bose dismissed the Adani Power's Miscellaneous Application seeking Late Payment Surcharge (LPS) from Jaipur Vidyut Vitran Nigam Limited (JVVNL) in a judgment passed in 2020.
The Court reasoned that once the lead matter was disposed of then the Court becomes functus officio and doesn't retain the jurisdiction to adjudicate the fresh cause of action having remote association with the lead matter.
“Thus, this Court made it abundantly clear that a miscellaneous application filed in a disposed of proceedings would be maintainable only for the purpose of correcting any clerical or arithmetical error. The Court further clarified that a post disposal application for modification or clarification of the order would lie only in rare cases where the order passed by this Court is executory in nature and the directions of the Court may have become impossible to be implemented because of subsequent events or developments.”, the court observed.
Accordingly, the application was dismissed.
Case Title: AJAY KUMAR JAIN VERSUS THE STATE OF UTTAR PRADESH & ANR.
Citation : 2024 LiveLaw (SC) 973
