Supreme Court Dismisses Plea Challenging Rule Permitting Disposal Of Review Petitions Without Oral Arguments

The Supreme Court dismissed a petition challenging the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 which provides for disposal of review petitions by circulation without any oral arguments.

The decision of this Court in P N Eswara Iyer v Supreme Court of India does not warrant any reconsideration, the bench of CJI  DY Chandrachud and Justice P S Narasimha observed.

In P N Eswara Iyer, the challenge was against the provisions of Supreme Court Rules 1966 which provided for disposal of review petitions by circulation without oral arguments. While rejecting the challenge, the Supreme Court had observed that the provision is designed to remove the evil of reckless reviews by the introduction of preliminary judicial screening in circulation replacing counsel's certification. If the review petition and written submissions convinced the court prima facie that material error had marred the justice or legality of the earlier judgment or order, the case would be posted for oral hearing in court, it was observed.

Review petitions are generally considered in chambers; oral hearings in open court are allowed only if the bench passes a specific order allowing it.

Order XLVII of the Supreme Court Rules 2013 provides the procedure of review. It reads as follows:

1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule 1 of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record. The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.
2. An application for review shall be by a petition, and shall be filed within thirty days from the date of the judgment or order sought to be reviewed. It shall set out clearly the grounds for review.
3. Unless otherwise ordered by the Court an application for review shall be disposed of by circulation without any oral arguments, but the petitioner may supplement his petition by additional written arguments. The Court may either dismiss the petition or direct notice to the opposite party. An application for review shall as far as practicable be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed.
4. Where on an application for review the Court reverses or modifies its former decision in the case on the ground of mistake of law or fact, the Court, may, if it thinks fit in the interests of justice to do so, direct the refund to the petitioner of the court-fee paid on the application in whole or in part, as it may think fit.
5. Where an application for review of any judgment and order has been made and disposed of, no further application for review shall be entertained in the same matter.

Case details

P T Mohan vs Registrar Supreme Court of India | 2023 LiveLaw SC) 379 | WP(C) 508/2023 | 28 April 2023 | CJI DY Chandrachud and Justice P S Narasimha

Headnotes

Supreme Court Rules, 2013 ; Order XLVII Rule 3 -  Disposal of review petitions by circulation without any oral arguments - The decision of this Court in P N Eswara Iyer v Supreme Court of India (1980) 4 SCC 680  does not warrant any reconsideration - The challenge to the provisions of Rule 3 of Order XLVII of the Supreme Court Rules 2013 lacks substance.

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