Don’t Keep Review Petitions Pending For Long: SC Tells High Courts
By Team Legistify / 2017-03-09

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The Supreme Court on Tuesday directed high courts to dispose of review petitions as expeditiously as possible. “We request the High Courts not to keep the applications for review pending as that is likely to delay the matter in every court and also embolden the likes of the petitioner to take a stand intelligently depicting the same in the application for condonation of delay,” said a two-judge bench comprising Justice Dipak Misra and Justice Mohan M Shantanagoudar.

The bench was considering a special leave petition challenging an order dated March 9, 2012, passed by a single judge of the High Court of Kerala in R.S.A. No.345 of 2012 and an order dated October 26, 2016, passed in review petition No.886 of 2012 .

The bench found that the review petition preferred in 2012, was kept pending for almost four years and, thereafter, the high court dismissed the same by observing that an effort was made to seek review of the main judgment as if the high court was expected to exercise appellate jurisdiction while dealing with an application for review.

Justice Misra observed that an application for review, with regard being to its limited scope, has to be disposed of as expeditiously as possible.

“Though we do not intend to fix any time limit, it has to be the duty of the Registry of every High Court to place the matter before the concerned Judge/Bench so that the review application can be dealt with in quite promptitude. If a notice is required to be issued to the opposite party in the application for review, a specific date can be given on which day the matter can be dealt with in accordance with law. A reasonable period can be spent for disposal of the review, but definitely not four years,” it said.

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