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1975 Supreme(SC) 116

R.S.SARKARIA, V.R.KRISHNA IYER
Sow Chandra Kante – Appellant
Versus
Sheikh Habit – Respondent


Advocates:
C.K.DAFTARY, R.C.BHATIA, S.K.DHOLAKIA, S.V.TAMBWEKAR

Judgment

KRISHNA IYER, J.:- Mr. Daphtary, learned counsel for the petitioners, has argued at length all the points which were urged at the earlier stage when we refused special leave thus making out that a review proceeding virtually amounts to a re- hearing. May be. we were not right in refusing special leave right in the first round but, once an order has been passed by this Court a review thereof must be subject to the rules of the game and cannot be lightly entertained. A review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. A mere repetition through different counsel of old and overruled arguments, a second trip over ineffectually covered ground or minor mistakes of inconsequential import are obviously insufficient. The very strict need for compliance with these factors is the rationale behind the insistence of counsel s certificate which should not be a routine affair or a habitual step. It is neither fairness to the court which decided nor awareness of the precious public time lost what with a huge back-log of dockets waiting in the queue for



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