2004 (7) TMI 430 - SC - Indian Laws

Supreme Court clarifies judgment errors, emphasizes procedural requirements

The Supreme Court dismissed the applications for clarification and/or modification, except for correcting typographical errors in the judgment. The errors ... Application for clarification or modificationin - Held that:- The garb of correction of mistakes arising out of accidental slips or typographical error, the judgment cannot be altered or modified by this Court in exercise of its inherent power. No merit in these applications which are dismissed accordingly except to correct typographical errors appearing namely, date of the judgment and order passed in First Appeal No. 450 of 1981 should be read as 22-5-1998 instead and place of 22-5-1988 and the same was passed by a learned Single Judge, not by the Division Bench. Issues:Application for clarification and/or modification of a judgment based on alleged factual errors and misinterpretations.Analysis:The judgment in question involved an application for clarification and/or modification filed by respondents of the appeal, pointing out factual errors in the judgment. The errors related to the date and authorship of a consent decree, as well as the misinterpretation of the appellant's involvement in the case. The respondents contended that the consent decree had been set aside by the High Court, rendering it non-existent in the eyes of the law. The judgment also referenced a statement by the High Court regarding an auction sale being set aside, which was challenged by the respondents. Various other contentions were raised, questioning the merit of the judgment. The appellant's counsel sought corrections to the errors in the judgment to present the correct facts before the High Court. However, the respondents argued that the application for clarification and/or modification was, in essence, a review application and thus not maintainable in law.The Supreme Court examined the relevant provisions of the Supreme Court Rules, 1966, specifically Order XIII, Rule 3, Order XL, and Order LXVII, Rule 6. It was noted that while clerical or arithmetical mistakes could be corrected, applications for review were limited to specific grounds. The Court emphasized that an application for clarification or modification touching the merit of the matter would not be maintainable. The judgment highlighted the distinction between correction of clerical errors and modification based on substantive content. The Court cited precedents to support the principle that applications disguised as clarification or modification, while seeking a review, would not be entertained.Ultimately, the Court dismissed the applications for clarification and/or modification, except for correcting typographical errors in the judgment. The errors related to the date and authorship of the consent decree were rectified. The Court reiterated that inherent powers could only be exercised for specific purposes, such as correcting clerical errors, and not for altering the substance of a judgment. The judgment underscored the importance of adhering to procedural requirements for review applications and upheld the distinction between correcting mistakes and modifying judgments based on substantive content.