Case Note & Summary
The Supreme Court of India addressed a Review Petition filed by the Delhi Development Authority seeking to recall a judgment dated 04.05.2017 in Civil Appeal No. 6179 of 2017. The Review Petition was prompted by a procedural irregularity where the appeal by the Government of NCT of Delhi was inadvertently dismissed along with other matters, despite being unconnected. The court, upon hearing the counsel for the parties, determined that the judgment deserved to be recalled due to this inadvertence. Consequently, the court allowed the Review Petition, recalling the judgment and restoring it to its original number for further consideration alongside another pending SLP. The decision emphasized the importance of addressing procedural errors to ensure justice is served.
Headnote
A) Review Jurisdiction - Recall of Judgment - Procedural Irregularity - Supreme Court of India, 2021 - The court allowed the review petition to recall a previous judgment due to inadvertent dismissal of a connected civil appeal, restoring it for further hearing. The court found that the dismissal was not connected with the other matters decided, warranting the recall of the judgment (Paras 1-2).
Issue of Consideration
Whether the judgment dated 04.05.2017 should be recalled due to procedural irregularity.
Final Decision
The Supreme Court allowed the Review Petition, recalling the judgment dated 04.05.2017 and restoring it for further hearing.
Law Points
- Review jurisdiction
- recall of judgment
- procedural irregularity
