Supreme Court Rules 2013 - Order XLVII | Order 47

 Supreme Court Rules 2013 and Supreme Court Rules 1966 (Repealed) 


Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले


Supreme Court Rules 2013: 

Order XLVII


Review


1. The Court may review its judgment or order, but no application for review will be entertained in a civil proceeding except on the ground mentioned in Order XLVII, rule 1 of the Code, and in a criminal proceeding except on the ground of an error apparent on the face of the record.

The application for review shall be accompanied by a certificate of the Advocate on Record certifying that it is the first application for review and is based on the grounds admissible under the Rules.

2. An application for review shall be by a petition, and shall be filed within thirty days from the date of the judgment or order sought to be reviewed. It shall set out clearly the grounds for review.

3. Unless otherwise ordered by the Court an application for review shall be disposed of by circulation without any oral arguments, but the petitioner may supplement his petition by additional written arguments. The Court may either dismiss the petition or direct notice to the opposite party. An application for review shall as far as practicable be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed.

4. Where on an application for review the Court reverses or modifies its former decision in the case on the ground of mistake of law or fact, the Court, may, if it thinks fit in the interests of justice to do so, direct the refund to the petitioner of the court-fee paid on the application in whole or in part, as it may think fit.

5. Where an application for review of any judgment and order has been made and disposed of, no further application for review shall be entertained in the same matter.



Supreme Court Rules 1966: 

ORDER XLVII

POWER TO DISPENSE AND INHERENT POWERS

1. The Court may, for sufficient cause shown, excuse the parties from

compliance with any of the requirements of these rules, and may give such directions

in matters of practice and procedure as it may consider just and expedient.

2. An application to be excused from compliance with the requirements of any

of the rules shall be addressed, in the first instance, to the Registrar, who shall take

instructions of the Judge in Chambers thereon and communicate the same to the

parties, but, if, in the opinion of the Registrar, it is desirable that the application should

be dealt with in open Court, he may direct the applicant to serve the other party

with a notice of motion returnable before the Court.

3. The Court may enlarge or abridge any time appointed by these rules or

119

THE SUPREME COURT RULES, 1966

fixed by any order enlarging time, for doing any act or taking any proceeding, upon

such terms (if any) as the justice of the case may require, and any enlargement may

be ordered, although the application therefor is not made until after the expiration

of the time appointed or allowed.

4. The Court may at any time, either of its own motion or on the

application of any party, make such orders as may be necessary or reasonable in

respect of any of the matters mentioned in rule 8 of Order XXIV of these rules,

may issue summonses to persons whose attendance is required either to give

evidence or to produce documents, or order any fact to be proved by affidavit.

5. Where there are two or more appeals arising out of the same matter, the

Court may at any time either on its own motion or on the application of any party,

order that the appeals be consolidated 1

[* * *].

Unless otherwise ordered by this Court the liability of the parties to pay

separate Court-fees shall not be affected by any order for consolidation.

6. Nothing in these rules shall be deemed to limit or otherwise affect the

inherent powers of the Court to make such orders as may be necessary for the

ends of justice or to prevent abuse of the process of the Court.

2

[7. At any time before or as soon after the commencement of arguments

at the final hearing of a case as may be feasible, the Court will ascertain from

the counsel of each party to be heard the time which the counsel’s arguments

on the matter are likely to take. The Court may then fix the time for the

arguments of each party or each counsel. The counsel may be permitted to

supplement the oral arguments by written submission, but will not be allowed to

exceed the time so fixed unless the Court itself considers it necessary, or desires

that he should do so on any matter requiring further elucidation by oral arguments.]

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