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2012 DIGILAW 622 (JK)

Mohammad Isaaq & ors. v. F. C. and others

2012-10-01

MANSOOR AHMAD MIR

body2012
The aforementioned writ petition was decided by judgment dated 28.09.2012. In paragraph 14 of the judgment, a direction was issued to the learned Registrar Judicial “to remit the record to the concerned Courts forthwith, particularly to the Financial Commissioner (Revenue), J&K, Srinagar”. It is reported by the Registry in its note dated 01.10.2012 that Revenue Court record was never called for by the Hon’ble Court. 2. From perusal of the file and the judgment, it appears that photocopies of certain orders and proceedings had been produced by the learned counsel during the course of arguments and, inadvertently, these papers have been referred to in the judgment as record, when actually no such records had been called for by the Court from the Revenue courts. 3. Accordingly, in terms of powers under Section 152 of Code of Civil Procedure, the error that has crept in the judgment is rectified and clarified to the extent as follows: 4. From line 13 of paragraph 14 at page 10 of the judgment dated 28.09.2012, the words: “The learned Registrar Judicial, Srinagar, is directed to remit the record to the concerned Courts forth, particularly to the Financial Commissioner (Revenue), J&K, Srinagar. He shall send a special messenger for this purpose so that the office of the Financial Commissioner (Revenue), J&K, receives the file latest by tomorrow evening along with copy of this judgment, besides the judgment of the Hon’ble Division Bench.” shall be substituted by the words: “The learned Registrar Judicial, Srinagar, is directed to send a copy of this judgment along with a copy of the Division Bench judgment to the concerned Courts forthwith, particularly to the Financial Commissioner (Revenue), J&K, Srinagar. He shall send a special messenger for this purpose so that the office of the Financial Commissioner (Revenue), J&K, receives the same latest by tomorrow evening.” 5. This order shall form part of the judgment dated 28.09.2012 and whosoever applies for a certified copy of the same, shall also be supplied a certified copy of this order.