2007 (1) TMI 661

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....the respondent in the appeal has prayed for clarification of the order dated 2.8.2005 in the concerned Civil Appeal No. 7797 of 2003.  It is stated that the applicant (respondent in the civil appeal) is living in penury, has no means to pay back the amount which is sought to the recovered. The pension amount has already being attached and the balance is now being sought to be recovered. ....

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....nd to be of no prima facie merit. The move adopted itself is unjustified, and could not be countenanced also either by way of review or in the form of the present application as well. The nature of relief sought, and the reasons assigned are such that even under the pretext of filing a review such an exercise cannot be undertaken, virtually for re-hearing and alteration of the judgment because it ....

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....rt Rules, 1966 (in short the Rules). Rule 3 of Order XL is significant. It reads as follows:- "Rule 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 part....