Tamil Nadu Electricity Board & Another
v.
N. Raju Reddiar & Another
(Supreme Court Of India)
I.A. No. 3 of 1996 in Civil Appeal No. 7496 of 1996 | 20-12-1996
1. It is a sad spectacle that a new practice unbecoming and not worthy of or conclusive to the profession is cropping up. Mr. Mariaputham, Advocate-on-Record had filed vakalatnama for the petitioner-respondent when the special leave petition was filed. After the matter was disposed of, Mr. V. Balachandran, Advocate had filed a petition for review. That was also a dismissed by this Court on 24-4-1996. Yet another advocate, Mr. S. U. K. Sagar, has now been engaged to file the present application styled as "application for clarification", on the specious plea that the order is not clear and unambiguous. When an appeal/special leave Petition is dismissed, except in rare cases where error of law or fact is apparent on the record, no review can be filed; that too by the Advocate-on-Record who neither appeared nor was party in the main case. It is salutary to note that the court spends valuable time in deciding a case. Review petition is not, and should not be, an attempt for hearing the matter again on merits. Unfortunately, it has become, in recent time, a practice to file such review petitions as a routine; that too, with change of counsel, without obtaining consent of the Advocate-on-Record at earlier stage. This is not conducive to healthy practice of the Bar which has the responsibility to maintain the salutary practice of profession. In Review Petition No. 2670 of 1996 in CA No. 1867 of 1992, a Bench of three Judges to which one of us, K. Ramaswamy, J., was a member, had held as under.
"The record of the appeal indicates that Shri Sudarsh Menon was the Advocate-on-Record when the appeal was heard and decided on merits. The review petition has been filed by Shri Prabir Chowdhury who was neither an arguing counsel when the appeal was heard nor was he present at the time of arguments. It is unknown on what basis he has written the grounds in the review petition as if it is a rehearing of an appeal against our order. He did not confine to the scope of review. It would not be in the interest of the profession to permit such practice. That apart, he has not obtained 'No Objection Certificate' from the Advocate-on-Record in the appeal, in spite of the fact that Registry had informed him of the requirement for doing so. Filing of the 'No Objection Certificate' would be the basis for him to come on record. Otherwise, the Advocate-on-Record is answerable to the Court. The failure to obtain the No Objection Certificate' from the erstwhile counsel has disentitled him to file the review petition. Even otherwise, the review petition has no merits. It is an attempt to reargue the matter on meritsOn these grounds, we dismiss the review petition."
2. Once the petition for review is dismissed, no application for clarification should be filed, much less with the change of the Advocate-on-Record. This practice of changing the advocates and filing repeated petitions should be deprecated with a heavy hand for purity of administration of law and salutary and healthy practice.
3. The application is dismissed with exemplary costs of Rs. 20, 000 as it is an abuse of the process of court in derogation of healthy practice. The amount should be paid to the Supreme Court Legal Aid Services Committee within four months from today. If the amount is not paid, it should be recovered treating this direction as decree of the Court by the Supreme Court Legal Services Committee.
4. The Registry is directed to communicate this order to the Supreme Court Legal Services Committee.
Advocates List
For the Appellants T.L.V.Iyer, Senior Advocate, S.Udaya Kumar Sagar, Advocate. for respondentsV. Krishnamurthy, V.Balachandran, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE G. T. NANAVATI
HON'BLE JUSTICE K. RAMASWAMY
Eq Citation
AIR 1997 SC 1005
(1997) 9 SCC 736
1997 (1) CRIMES 182 (SC)
JT 1997 (1) SC 486
1997 (1) SCALE 286
1 (1997) CLT 338
1997 (1) SCJ 160
(1998) 1 MLJ 16
LQ/SC/1996/2254
HeadNote
Limitation — Review — Application for clarification after dismissal of review petition — Impropriety of — Held, review petition is not, and should not be, an attempt for hearing the matter again on merits — Once petition for review is dismissed, no application for clarification should be filed, much less with change of Advocate-on-Record — Practice of changing advocates and filing repeated petitions should be deprecated with a heavy hand for purity of administration of law and salutary and healthy practice — Costs of Rs. 20,000 imposed on applicant — Civil Procedure Code, 1908 — S. 114 and Or. 47 R. 1