Allahabad High Court
Justice (Retired) Prasun Kumar Deb ... vs Dr. Virendra Singh And Others on 29 January, 2010
Bench: Dharam Veer Sharma, Raj Mani Chauhan
Court No. - 26 C.M. Application No. 13675 of 2006 In re: Case :- SPECIAL APPEAL No. - 424 of 2006 Petitioner :- Justice (Retired) Prasun Kumar Deb (W.P.3001/Ms/2006) Respondent :- Dr. Virendra Singh And Others Petitioner Counsel :- Manik Sinha Respondent Counsel :- Prashant Chandra,Swayambhoo Chandranshul Hon'ble Dharam Veer Sharma,J.
Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the parties.
Special Appeal No.424 of 2006 [Justice (Retd.) Prasun Kumar Deb Versus Dr.Virendra Singh and others] was heard in the Bench consisting of Hon.Mr.Justice Jagdish Bhalla and myself (Hon.Mr.Justice D.V.Sharma) and the judgment was delivered on 18.10.2006 by allowing the appeal and the impugned orders dated 25.5.2006 and 23.2.2004 contained in annexure nos.1 and 2 to the above appeal were quashed. Thereafter the instant application for correction/modification/deletion in the above judgment was moved on 02.11.2006 for the first time in this appeal while the applicant was not a party in the appeal.
We have heard the parties at length and perused the judgment. Sri Prashant Chandra, Senior Advocate has invited the attention of the Court to para-6 of the case of Zahira Habibullah Sheikh Versus State of Gujarat, (2004) 5 SCC 353, which reads as under;
"As noted by a Constitution Bench of this Court in P.N.Eswara Iyer V.Registrar, Supreme Court of India, Suthendraraja V. State, Ramdeo Chauhan V. State of Assam and Devender Pal Singh V. State NCT of Delhi notwithstanding the wider set of grounds for review in civil proceedings, it is limited to 'errors apparent on the face of the record' in criminal proceedings. Such applications are not to be filed for the pleasure of the parties or even as a device for ventilating remorselessness, but ought to be restored to with a great sense of responsibility as well."
It was submitted on behalf of the opposite party that under the guise of the modification application the applicant want to re-open the whole issue for which he can avail legal remedy which is available in accordance with law. Without exhausting legal remedy the instant application for clarification/modification of the order is simply to circumvent and bye pass the remedy available in accordance with law to the applicant, which is not permissible.
After giving anxious thought to the facts in its entirety, we are of the opinion that the application is misconceived.
The remedy available to the applicant under the law has not been exhausted and the instant application for clarification/modification /deletion of the order is not permissible at a very belated stage especially under the circumstances when he could have approached the Court at the time of hearing of the Writ Petition/Special Appeal before the Bench consisting of Hon.Mr.Justice Jagdish Bhalla and myself.
The application is devoid of any merit and is hereby rejected. Order Date :- 29.1.2010 Irfan