Joseph Shine vs Union Of India Secretary on 31 January, 2023
Such
applications, if they are in substance
review applications, deserve to be
rejected straight away inasmuch as the
attempt is obviously to bypass Order XL
Rule 3 relating to circulation of the
application in chambers for consideration
without oral hearing. By describing an
application as one for “clarification” or
“modification”, — though it is really one
of review — a party cannot be permitted to
circumvent or bypass the circulation
procedure and indirectly obtain a hearing
in the open court. What cannot be done
directly cannot be permitted to be done
indirectly. (See in this connection a
detailed order of the then Registrar of
this Court in Sone Lal v. State of U.P.
[(1982) 2 SCC 398] deprecating a similar
practice.)