SONE LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Notice under Order X, Rule 6 (3) and (4) of the Supreme court rules, 1966, has been issued to the Advocate returnable on 24/11/1981. Counsel for the petitioners Mr V. J. Francis has prayed that the matter may be taken up today itself. Hence the matter has been taken up today.

(2.) The appeal above mentioned was heard by the court and after hearing the counsel for the appellants and counsel for the respondent the court delivered judgment on 3/04/1981 dismissing the appeal. The appellant has filed on 28/04/1981 an application for rehearing of the appeal in which he inter alia prayed that the judgment of this court may be rescinded and the parties may be permitted to make submissions through counsel. Counsel has been informed that since the appeal has been disposed of after hearing the counsel for the parties, no application for rehearing lies in the matter and he may, if so, be advised to file a review petition under the Rules of the court. He has not cured the defect but he has filed a letter staling that the application may be listed before the court and that the Registry may leave the matter to the court to decide whether the circumstances mentioned by him in the petition are enough to give to appellants a fair opportunity to place the case on merits. He has further stated in the letter that the Registry will please not dispose of the application without affording an opportunity to the appellants to place their case before the court by oral arguments which is not available to them in a review petition.

(3.) Under Order X, Rules 6 (3) where a document is found to be defective, it shall be placed before the Registrar after notice to the party filing the same. The Registrar may by an order decline to receive the document if, in his opinion, the mandatory requirements of the Rules are not satisfied. Under Order XVIII, Rule 5 of the Supreme court Rules, the Registrar may refuse to receive a petition other than a petition under Article 32 of the constitution on the ground that it discloses no reasonable cause.