Modification/clarification of final order - When not permissible

Satya Jain v. Anis Ahmed Rushdie, (2013) 8 SCC 147

Or. 40 - Application for modification/clarification of final order passed by Supreme Court - Held, not maintainable -
Remedy lies in filing application for review - Facts which were not brought before the Court at the time of judgment and
sought to be brought on record by filing IAs, cannot be legitimate basis for modification of judgment - Reopening of
concluded issues and consequential directions issued in it, reiterated, is not permissible - In instant case, IAs filed for
modification of order wherein Supreme Court directed execution of sale deed by defendants in favour of plaintiffs at
market price as on 3-12-2012 on ground that respondent-defendants were not entitled to said benefit since during
pendency of appeals all rights in the said suit property were transferred to F for valuable consideration - Hence, plea that
direction may be issued to Registrar of High Court to execute sale deed in favour of plaintiff - Held, facts as to alleged

transfer of suit property or rights over said property by respondent-defendants to F were not before Supreme Court at the
time of hearing of appeals or even at the time when judgment rendered - Hence, held, facts which are now sought to be
brought on record cannot be legitimate basis for any modification of judgment - Further contention that order passed is
contrary to several decisions of Supreme Court, held, is not justifiable or sufficient cause to alter order since said order
was passed in the peculiar facts and circumstances of present case - However, typographical errors can be rectified,
(2013) 8 SCC 147-A
Civil Procedure Code, 1908
S. 152 - Modification/clarification of final order - When not permissible - Held, facts which were not brought before the
Court at the time of judgment sought to be brought on record by filing IAs cannot be legitimate basis for modification of
judgment, 

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