The bench also issued the following directions:
- An endeavour has to be made by the high courts to dispose of the applications for review with expediency.
- It is the duty and obligation of a litigant to file a review and not to keep it defective, as if a defective petition can be allowed to remain on life support, as per his desire.
- It is the obligation of the counsel filing an application for review to cure or remove the defects at the earliest.
- The prescription of limitation for filing an application for review has its own sanctity.
- The registry of the high courts has a duty to place the matter before the judge/bench with defects, so that there can be pre-emptory orders for removal of defects.
- An adroit method cannot be adopted to file an application for review and wait till its rejection and, thereafter, challenge the orders in the special leave petition and take specious and mercurial plea asserting that delay had occurred because the petitioner was prosecuting the application for review.
There may be absence of diligence on the part of the litigant, but the registry of the high courts is required to be vigilant.
Written and Published by http://www.livelaw.in/