Miscellaneous Application – Whether miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events:
Held: The miscellaneous applications filed with fresh cause of action that might have arisen with a very remote connection with the main proceedings – No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events – In fact, the Court has no jurisdiction to entertain such application as no proceedings could be said to be pending before it – When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution before the High Court, it is not open to the Court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action – If this principle is not followed, there would be confusion and chaos and the finality of the proceedings would cease to have any meaning – It is settled that a miscellaneous application filed in a disposed of proceedings would be maintainable only for the purpose of correcting any clerical or arithmetical error – A post disposal application for modification or clarification of the order would lie only in rare cases where the order passed by this Court is executory in nature and the directions of the Court may have become impossible to be implemented because of subsequent events or developments. [Paras 13, 14, 15, 17]
Directions by the Supreme Court – Miscellaneous Applications – Regarding:
Held: The Registry directed not to circulate any miscellaneous application filed in a disposed of proceedings unless and until there is a specific averment on oath that the filing of the miscellaneous application has been necessitated as the order passed in the main proceedings being executory in nature and have become impossible to be implemented because of subsequent events or developments – The Registry to insist from every applicant who intends to file any miscellaneous application in a disposed of proceedings for such a declaration as above on solemn affirmation. [Paras 18, 19]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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