PETITIONER:
SHANTILAL MANGANLAL AND ANR.
Vs.
RESPONDENT:
CHUNNILAL RANCHODDAS THROUGH LRS. AND ORS.
DATE OF JUDGMENT24/07/1984
BENCH:
REDDY, O. CHINNAPPA (J)
BENCH:
REDDY, O. CHINNAPPA (J)
MADON, D.P.
CITATION:
1984 AIR 1578 1985 SCR (1) 205
1984 SCC (4) 236 1984 SCALE (2)61
ACT:
Petition for Special Leave and Petition for Review-If
the petition filed without giving the grounds of appeal they
will be dismissed as frivolous and an abuse of the process
of law-Order XVI and XL of Supreme Court Rules 1966-Duty of
advocate to court in filing petitions.
HEADNOTE:
An application for review against the order of
dismissal of the Special Leave Petition dated 9.12.83 was
filled without disclosing any ground for review. It was
averred that the petition was being filed so as to be within
the limitation prescribed under Order XL of the Supreme
Court Rules and that further grounds would be filed if
advised. However, nothing was done though more than six
months had elapsed by the date of hearing.
Dismissing the petition, expressing its deep
dissatisfaction and anguish with the indiscriminate manner
in which petitions for Special Leave and petitions for
Review were being filed in the Supreme Court, [206A]
^
HELD: The application for review was nothing short of
an abuse of the process of the court, a waste of the time of
the Court and was entirely frivolous.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Review Petition No. 249
of 1984.
In
Special Leave Petition (C) No. 13618 of 1983
CHAMBER MATTER-By Circulation
The order of the Court was delivered by
CHINNAPPA REDDY, J. This application for Review is
nothing
206
short of an abuse of the process of the Court and waste of
the time of this Court, time which has now become so dear
and precious because of the daily mounting arrears. No
ground for seeking a review is mentioned or even hinted at
in the petition. In the first paragraph of the petition it
is stated “This is an application for Review of the order
dated 9.12.83, whereby this Hon’ble Court was pleased to
dismiss the above Special Leave to Appeal (Civil). The said
order discloses an error apparent on the face of the record
as will be clear from perusal of the various grounds and
facts mentioned in the petition for Special Leave to Appeal.
It is submitted that since the order is unsustainable in
view of the facts and circumstances of the case, this
Hon’ble Court may be pleased to review the order”. In the
second paragraph we are told that no detailed grounds have
been taken (though in point of fact not a single ground is
even mentioned) as limitation is about to expire and “If so
advised, further set of grounds would be submitted for the
consideration of the Hon’ble Court” The petition was filed
on 9.1.1984 and nothing has been done though more than six
months have passed since then. The offer to file detailed
grounds remains an unredeemed promise. Possibly he was
advised to file no further grounds as there was none to be
submitted. Good words were not to be thrown away after bad.
To that extent, we may consider ourselves spared. We must
however express our deep dissatisfaction and anguish with
the indiscriminate manner in which petitions for special
leave and petitions for review are being filed. The present
application is entirely frivolous and is accordingly
dismissed.
S. R. Petition dismissed.
207