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2007 Supreme(SC) 1235
Supreme Court Of India
NARPAT SINGH - Appellant
Versus
RAJASTHAN FINANCIAL CORPORATION - Respondent
Contempt Petn. (C) 152 Of 2007
Decided On : 09/24/2007
Advocates Appeared :
H.D.Thanvi, PIYUSH JAIN, PUNEET JAIN, Sudhir Kumar Gupta, SUSHIL KUMAR JAIN
Important Points
Subject
Procedural Law - Application for Clarification and Direction
Act Referred
Headnote
I.A. - Clarification and Direction - The court dismissed the application for clarification and direction, stating that such applications are maintainable only in a pending case and not after a case is finally disposed of. The court emphasized that once a case is finally disposed of, the court becomes functus officio, and an application lies ordinarily only for correcting clerical or accidental mistakes.
Fact of the Case:
The court heard the parties and dismissed I.A. Nos. 15-16 for clarification and direction of Court's Order dated 3-5-2007, stating that such applications are totally misconceived and ordinarily not maintainable after a case is finally disposed of.
Finding of the Court:
The court found that the I.A. Nos. 15-16 were totally misconceived and dismissed them, emphasizing that such applications are maintainable only in a pending case and not after a case is finally disposed of.
Issues: The issues involved the maintainability of I.A. Nos. 15-16 for clarification and direction after the case was finally disposed of.
Ratio Decidendi: The court held that once a case is finally disposed of, the court becomes functus officio, and an application lies ordinarily only for correcting clerical or accidental mistakes.
Final Decision: The court dismissed I.A. Nos. 15-16 for clarification and direction, emphasizing that such applications are maintainable only in a pending case and not after a case is finally disposed of.
( 1 ) WE have heard learned counsel for the parties.
( 2 ) I. A. Nos. 15-16 for clarification and direction of Court's Order dated 3-5-2007 are totally misconceived. Moreover, ordinarily No I. A. lies after a case is finally disposed of. Ordinarily, an I. A. is maintainable only in a pending case. Once a case is finally disposed of the Court becomes functus officio, and thereafter an I. A. lies ordinarily only for correcting clerical or accidental mistakes. The same are accordingly, dismissed.
( 3 ) PUT up the Contempt Petitions (C) No. 151-152 of 2007 in Civil Appeal No. 2181-2182 of 2001 after six months. Application dismissed.
