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THE HIGH COURT OF TRIPURA AGARTALA
DEEPAK GUPTA and S.C. DAS, JJ.
Jayanta Kumar Acharjee - Appellant
Vs.
State of Tripura & Ors. - Respondents
W.A. 48 of 2014
Decided On : 17.06.2015
Memorandum - Validity Challenge - The court rejected the appeal challenging the validity of the Memorandum dated 07.12.1992, noting that the petitioner had not pressed the challenge and should have approached the same court with a review application if the observation in the judgment was considered incorrect.
Fact of the Case:
The petitioner appealed the judgment dated 27.03.2014, challenging the validity of the Memorandum dated 07.12.1992. The petitioner did not press the challenge to the Memorandum in the appeal.
Finding of the Court:
The court rejected the writ petition, stating that the petitioner should have approached the learned Single Judge with a review application if the observation in the judgment was considered incorrect.
Issues: Validity of Memorandum dated 07.12.1992
Ratio Decidendi: If a party wants to challenge an observation made in a judicial order or judgment, the proper course is to approach the same court with a review application. Failure to do so may result in the party not being permitted to raise the challenge in appeal.
Final Decision: The writ petition was rejected with liberty reserved to the petitioner to approach the learned Single Judge with all objections, including the objection of limitation, available to the respondents to oppose the petition if filed.
Deepak Gupta, J.
By means of this appeal, the petitioner has challenged the judgment dated 27.03.2014 and the main ground of challenge in this appeal is to the validity of the Memorandum dated 07.12.1992. In the judgment, the learned Judge has noted as follows:-
“…..It is to be noted that the challenge to the Memorandum dated 07.12.1992 has not been pressed by the petitioner”
2. In the ground of appeal it is mentioned that this observation is erroneous. It is by now, well settled law that if a party wants to urge that any observation made in a judicial order or judgment does not reflect the correct factual situation then the proper course for the party is to approach the same court by filing a review application and informing the Judge that what has been written by him in the judgment is incorrect. It is only the Judge, who has passed the order who knows whether such argument was actually raised before him or not. If the party has not raised such objection before the learned Single Judge then obviously it cannot be permitted to raise the same in appeal.
3. Therefore, we reject the writ petition with liberty reserved to the petitioner to approach the learned Single Judge. All objections including the objection of limitation shall be available to the respondents to oppose the said petition if filed.
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