Supreme Court Prescribes Declaration To Be Made By Applicant To List Miscellaneous Applications In Disposed-Of Matters

The Supreme Court recently deprecated the practice of filing the Miscellaneous Application in the disposed of Proceedings based on the fresh cause of action arising subsequently having a remote connection with the main proceedings. The Court directed “the Registry to not circulate any miscellaneous application filed in a disposed of proceedings unless and until there is a specific averment on oath that the filing of the miscellaneous application has been necessitated as the order passed in the main proceedings being executory in nature and have become impossible to be implemented because of subsequent events or developments.” The Court asked the Registry to insist every litigant who wishes to file the Miscellaneous Application in a disposed of matter for such a declaration as above on solemn affirmation. At the outset, the Court observed that the “Miscellaneous Application on the face of it is not maintainable in law.” According to the Court, “No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events.” “When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution before the High Court, it is not open to the Court to re-open the proceedings by means of a miscellaneous application in respect of a matter which provided a fresh cause of action. The Court referred to the latest case of Jaipur Vidyut Vitran Nigam Ltd, and Others vs. Adani Power Rajasthan Ltd. and Another where the bench led by Justice Aniruddha Bose dismissed the Adani Power's Miscellaneous Application seeking Late Payment Surcharge from Jaipur Vidyut Vitran Nigam Limited in a judgment passed in 2020.