Case Note & Summary
The Supreme Court of India was approached through a Review Petition (Civil) D.No. 1141 of 2018, filed by the Delhi Development Authority, seeking to recall a judgment dated 04.05.2017 passed in Civil Appeal No.6179 of 2017, which originated from Special Leave Petition (C) No.38303 of 2016. The judgment had been delivered in a bunch of matters, including an appeal filed by the Govt. of NCT of Delhi. The Review Petitioner contended that due to inadvertence, the appeal by the Govt. of NCT of Delhi was tagged along with other matters and dismissed, even though it was not connected with those matters. The Court considered the submissions of the parties and found merit in the review petition. It held that the judgment deserved to be recalled because the appeal had been inadvertently dismissed without proper consideration of its disconnection from the other matters. Consequently, the Court allowed the review petition, recalled the judgment dated 04.05.2017, and restored Civil Appeal No.6179 of 2017 to its original number, directing it to be heard along with SLP(C) No.8779 of 2016 filed by the Delhi Development Authority. The decision was based on the inherent review jurisdiction of the Supreme Court to correct procedural errors and ensure justice.
Headnote
A) Civil Procedure - Review Jurisdiction - Recall of Judgment - Supreme Court Rules - The Review Petitioner sought recall of a judgment dated 04.05.2017 passed in Civil Appeal No.6179 of 2017, which had inadvertently dismissed an appeal filed by the Govt. of NCT of Delhi along with other matters. The Court found that the appeal was not connected with the bunch of matters decided and deserved to be recalled. Held that the review petition is allowed, the judgment is recalled, and the appeal is restored to be heard along with SLP(C)No.8779/2016 (Paras 1-2).
Issue of Consideration
Whether the judgment dated 04.05.2017 in Civil Appeal No.6179 of 2017 should be recalled due to inadvertent dismissal
Final Decision
Review Petition is allowed. The judgment dated 04.05.2017 passed in Civil Appeal No.6179 of 2017 @ SLP(C)No.38303 of 2016 is recalled and restored to its original number and to be heard along with SLP(C)No.8779/2016 filed by the Delhi Development Authority.
Law Points
- Review jurisdiction
- recall of judgment
- procedural inadvertence
- restoration of appeal
