SUPREME COURT OF INDIA

(Large Bench)

Before:- R.C. Lahoti, C.J., N. Santosh Hegde, Y.K. Sabharwal, Ruma Pal and Arun Kumar, JJ.

Curative Petition (C) No. 108 of 2004 in Review Petition (C) No. 1005 of 2004 in SLP (C) No. 4948 of 2004. D/d. 3.3.2005.

Bakshi & CO. - Petitioner

Versus

Commissioner of Sales Tax, Lucknow, U.P. - Respondent

Constitution of India, 1950, Articles 137, 141 and 142 - Curative petition - Maintainability - Curative petition ought to be treated as a rarity - In instant case, certificate alongwith curative petition not specifically setting out grounds on which petition could be entertained - Certification not fulfilling requirement laid down in (2002) 4 SCC 388 - Hence, Petition dismissed.

[Paras 2 to 4]

Cases Referred :-

Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388.

ORDER

R.C. Lahoti, C.J. - We have carefully perused the contents of the curative petition.

2. As held in Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388 curative petitions ought to be treated as a rarity. Such a petition may be entertained ex debito justitiae if the petitioner has made out a case of violation of the principles of natural justice, in that he was not a party to the lis but the judgment adversely affected his interests or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice, or where in the proceedings a learned Judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.

3. The curative petition is accompanied by a certificate from Senior Advocate. The certificate does not specifically set out which of the grounds, if any, for entertaining the curative petition is available in the case. Thus, the certification does not fulfil the requirement laid down in Rupa Ashok Hurra case.

4. No case is made out for entertaining the petition within the parameters laid down in Rupa Ashok Hurra case.

5. The curative petition is dismissed in limine.

Curative petition dismissed.