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PETITIONER: SHANTILAL MANGANLAL AND ANR.

       Vs.

RESPONDENT: CHUNNILAL RANCHODDAS THROUGH LRS. AND ORS.

DATE OF JUDGMENT24/07/1984

BENCH: REDDY, O. CHINNAPPA (J) BENCH: REDDY, O. CHINNAPPA (J) MADON, D.P.

CITATION:  1984 AIR 1578            1985 SCR  (1) 205  1984 SCC  (4) 236        1984 SCALE  (2)61

ACT:      Petition for  Special Leave  and Petition for Review-If the petition filed without giving the grounds of appeal they will be  dismissed as  frivolous and an abuse of the process of law-Order  XVI and XL of Supreme Court Rules 1966-Duty of advocate to court in filing petitions.

HEADNOTE:      An  application   for  review   against  the  order  of dismissal of  the Special  Leave Petition  dated 9.12.83 was filled without  disclosing any  ground for  review.  It  was averred that the petition was being filed so as to be within the limitation  prescribed under  Order XL  of  the  Supreme Court Rules  and that  further grounds  would  be  filed  if advised. However,  nothing was  done though  more  than  six months had elapsed by the date of hearing.      Dismissing   the    petition,   expressing   its   deep dissatisfaction and  anguish with  the indiscriminate manner in which  petitions for  Special  Leave  and  petitions  for Review were being filed in the Supreme Court, [206A] ^      HELD: The  application for  review was nothing short of an abuse of the process of the court, a waste of the time of the Court and was entirely frivolous.

JUDGMENT:      CIVIL APPELLATE  JURISDICTION: Review  Petition No. 249 of 1984.                              In      Special Leave Petition (C) No. 13618 of 1983      CHAMBER MATTER-By Circulation      The order of the Court was delivered by      CHINNAPPA REDDY,  J. This  application  for  Review  is nothing 206 short of  an abuse of the process of the Court and  waste of the time  of this  Court, time  which has now become so dear and precious  because of  the  daily  mounting  arrears.  No ground for  seeking a  review is mentioned or even hinted at in the  petition. In  the first paragraph of the petition it

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is stated  "This is  an application  for Review of the order dated 9.12.83,  whereby this  Hon’ble Court  was pleased  to dismiss the  above Special Leave to Appeal (Civil). The said order discloses  an error apparent on the face of the record as will  be clear  from perusal  of the  various grounds and facts mentioned in the petition for Special Leave to Appeal. It is  submitted that  since the  order is  unsustainable in view of  the facts  and  circumstances  of  the  case,  this Hon’ble Court  may be  pleased to  review the order". In the second paragraph  we are  told that no detailed grounds have been taken  (though in  point of fact not a single ground is even mentioned)  as limitation is about to expire and "If so advised, further  set of  grounds would be submitted for the consideration of  the Hon’ble  Court" The petition was filed on 9.1.1984  and nothing  has been done though more than six months have  passed since  then. The  offer to file detailed grounds remains  an  unredeemed  promise.  Possibly  he  was advised to  file no  further grounds as there was none to be submitted. Good  words were not to be thrown away after bad. To that  extent, we  may consider  ourselves spared. We must however express  our deep  dissatisfaction and  anguish with the indiscriminate  manner in  which petitions  for  special leave and  petitions for review are being filed. The present application  is   entirely  frivolous   and  is  accordingly dismissed. S. R.                                    Petition dismissed. 207