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Supreme Court of India

NARPAT SINGHversusRAJASTHAN FINANCIAL CORPORATION.

Citation
2007 INSC 969
Decided
24 September 2007
Disposal
Disposed off

Holding

An Interlocutory Application filed after final disposal is not maintainable except for correcting clerical or accidental errors and must be dismissed.

Summary

In Narpat Singh v. Rajasthan Financial Corporation, the appellant filed Interlocutory Applications (I.A.) No. 15-16 seeking clarification and direction of a court order dated 3 May 2007. The court held that such I.A.s are misconceived because they were filed after the case had been finally disposed of, and an I.A. is maintainable only while the case is pending, except for correcting clerical or accidental mistakes. Consequently, the I.A.s were dismissed. The court also directed that Contempt Petitions No. 151‑152 of 2007 be listed in Civil Appeal No. 2181‑2182 of 2001 after a six‑month interval, and the contempt petition was adjourned.

Issues considered

  • Whether an Interlocutory Application for clarification and direction can be filed after the case is finally disposed of
  • Whether the court retains jurisdiction to entertain such an application post‑final disposal

Subjects

Interlocutory ApplicationFunctus OfficioFinal DisposalContempt PetitionCivil Procedure

Judgment

                NARPAT SINGH v. RAJASTHAN FINANCIAL                           289
                          CORPORATION.

-~-
            I.A. No. 15-16 for clarification and direction of Court's Order dated A
      3.5.2007 are totally misconceived. Moreover, ordinarily nos. I.A. lies after
      a case is finally disposed of. Ordinarily, an I.A. is maintainable only in a
      pending case. Once a case is finally disposed ofthe Court becomes funcyus
      officio, and thereafter an I.A. lies ordinarily only for correcting clerical or ,
      accidental mistakes. The same are accordingly, dismissed. .                     B
          Put up the Contempt Petitions (C) No. 151 -152 of2007 in Civil
      Appeal No. 2181-2182 of 2001 after six months.
      RP.                   I.As. dismissed and Contempt Petition adjourned.
                                                                                     c


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