The Order of the Court was as follows :

"Justice is a virtue which transcends all barriers. Neither the rules of procedures nor technicalities of law can stand in its way. ... Even the law bends before justice, ... If the Court finds that the order was passed under a mistake....... Mistake is accepted as valid reason to recall an order. Difference lies in the nature of mistake and scope of rectification depending on if it is fact or law. But the root from which the power flows is the anxiety to avoid injustice. , , , If the Court is satisfied of the injustice then it is its constitutional and legal obligation to set it right by recalling its order.

Rectification of an order thus stems from the fundamental principles that justice is above all. It is exercised to remove the error and not for disturbing finality."

The above is the extract from S. Nagaraj v. State of Karnataka, which was referred to by a Division Bench of this Court in Baskaran v. The Commissioner of College Education 1995 (2) CTC 513 while dealing with the important features of a review application. In the same decision the following principles were also laid :

"(1) If the judgment is vitiated by an error app