Jaipur Vidyut Vitran Nigam vs Adani Power Rajasthan 2024 INSC 213 -Maintainability Of Post Disposal Application For Modification & Clarification

Practice and Procedure – Miscellaneous Applications – A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments (Para 20)

Code Of Civil Procedure, 1908; Section 148- The power to extend time beyond that fixed by a Court on a legitimate ground is incorporated in Section 148 of the Code. If the time to do something requires to be extended, it would be within the inherent jurisdiction of this Court to go beyond the maximum period of 30 days prescribed in the aforesaid Section, after sufficient reason is shown. Section 112 of the Code itself provides that nothing contained in the Code shall affect the inherent powers of the Supreme Court under Article 136 or any other provision of the Constitution. (Para 17)

Code Of Civil Procedure, 1908; Order XXIII Rule 1 –Any plaintiff would be entitled to abandon a suit or abandon part of the claim made in the suit at any time after institution of the suit, as provided in Rule 1 of Order XXIII of the Code – The provision which pertains to a suit would not ipso facto apply to a miscellaneous application invoking inherent powers of this Court, instituted in a set of statutory appeals which stood disposed of. Even if an applicant applies for withdrawal of an application, in exceptional cases, it would be within the jurisdiction of the Court to examine the application and pass appropriate orders. (Para 19)

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