Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interim Applications Supreme Court Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Interim applications - Judgment of Supreme Court - Decreeing suit for specific performance and directing execution of sale deed - Interim applications seeking impleadment and clarification of judgment - Held: In some applications facts on the basis of which modification! clarification sought, not brought to the notice of the court at the time of hearing of appeal or the judgment and in other applications facts and events forming basis for their claim occurred subsequent to the judgment - Therefore, applications are not maintainable - Applicants endeavour to reopen the concluded issues and alteration of consequential directions not permissible - Parties have the option to seek remedies for their rights as may be open in law.Supreme Court Rules, 1966 - Interim applications - Suit for specific performance - Decreed by supreme Court in its final order, setting aside the judgment of High Court - Defendants directed to execute the sale deed in favour of the plaintiffs at the market price as on date of the judgment - Interim applications and review petition by the plaintiffs - Seeking modification of the direction for execution of sale deed at the market price and correction of certain typographical errors - Held: An application for modification! clarification of the judgment passed by Supreme court not permissible - It is not contemplated by the provisions of Supreme Court Rules - The Rules provide only the remedy of review - The grounds on which the modification/clarification are sought, were not before the Court at the time of final hearing, therefore, those facts cannot be legitimate basis for any modification even if the interim applications are construed to be applications for review - The direction in the judgment of the Court to execute the sale deed at the market price came to be recorded as per "offer" made on behalf of the appellants/plaintiffs and there was no material available in this regard - It is, therefore, clear that the Court did not intend to lay down any law of general application while issuing the said direction - Typographical errors corrected - It is open to the parties to avail the remedies against the determination of the market price which would be done by trial court - Review. |
Judge | N/A |
Neutral Citation | 2013 INSC 324 |
Petitioner | Satya Jain (d) & Ors. |
Respondent | Anis Ahmed Rushdie (d) Th. Lrs. & Ors. |
SCR | [2013] 3 S.C.R. 347 |
Judgement Date | 2013-05-08 |
Case Number | 8653 |
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