SC: The application for recall of an order by which an earlier application for recall of the judgment was dismissed is not maintainable

The Hon’ble Supreme Court, on 3rd September 2020, in the matter of Rashid Khan Pathan and in the matter of Vijay Kurle & Ors. pronounced that the application for recall of an order by which an earlier application for recall of the judgment was dismissed is not maintainable.

The Hon’ble Supreme Court observed that:

In a country governed by the rule of law, finality of the judgment is absolutely imperative and great sanctity is attached to the finality of the judgment. (Para 9)

Permitting the parties to reopen the concluded judgments of the Supreme Court by filing repeated interlocutory applications is clearly an abuse of the process of law and would have far-reaching adverse impact on the administration of justice. (Para 9)

Repeated filing of applications which are not maintainable amounts to abuse of process of law. (Para 10)

Repeated filing of applications can also result in a direction that no further applications shall be received by the Registry of the Supreme Court in respect of the litigation. (Para 11)

The application for recall of an order by which an earlier application for recall of the judgment was dismissed is not maintainable. (Para 13)

Copy of judgement: Judgement_03-Sep-2020

-Adv. Tushar Kaushik

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