LALA RAM Vs. SUPREME COURT OF INDIA

JUDGEMENT

(1.) In this petition the question of the constitutional validity of Order XL, R. 2 (2) of the Supreme Court Rules, 1966, hereinafter called the Rules, is raised.

(2.) The petitioner filed a special leave petition against the judgment and decree of the High Court of Punjab passed in a Letters Patent Appeal. On January 14, 1964, this Court granted special leave. Thereafter, the petitioner deposited the amount of security and some money as advance towards printing charges. But, as he failed to file the list of documents, on April 2, 1965, special leave granted to him was rescinded and the special leave petition was dismissed for non-prosecution. Then the petitioner filed a writ petition being Writ Petition No. 85 of 1966 in this Court under Art. 32 of the Constitution on the ground that the said order of revocation of the special leave granted and the dismissal of his special leave petition deprived him of his right to appeal and that the said order offended Art. 14 of the Constitution. On March 24, 1966, this Court dismissed that writ petition. On April 15, 1966, the petitioner filed the present petition for reviewing the order of this Court in Writ Petition No. 85 of 1966 dated March 24. 1966.

(3.) The Office Report pointed out that the Review Petition was defective inasmuch as the provisions of Order XL. R. 2 (2) of the Rules were not complied with by the reason of the fact that no security for the costs of the respondents had been furnished.