STATE Vs. FAROOQ AHMED BACHHA

JUDGEMENT

(1.) The State of Jammu and Kashmir and the competent authority have applied for review of my judgment in writ petition titled Farooq Ahmed Bachha v. State of J. and K, delivered on 21-11-1988, on a reference made by the two brother Judges of the Court constituting the Division Bench.

(2.) The power to review its judgment other than those under the procedural laws is available to the High Court only under the Jammu and Kashmir High Court Rules, 1975. The relevant provision is Rule 51. Sub-rule (i) of R. 51 of the said Rules, provides that the Court may review its judgment or order but that no application for review shall be entertained except on the grounds mentioned in O. XLVII, R. 1, C.P.C. Sub-rule (39) of R. 51 provides:

(3.) It is, thus, obvious that there is a mandatory requirement that an application for review shall be accompanied by a certified copy of the impugned judgment or order with two spare copies thereof and that it shall be filed within 30 days after the judgment is delivered in the appeal, cause or matter, unless the Court, for sufficient cause, condones the delay beyond 30 days.