Having heard the learned Counsel for the respective parties and considering the impugned order passed by the High Court passed below the "Note for speaking to the Minutes", we are of the opinion that while passing such order below the "Note for speaking to the Minutes", the High Court has travelled beyond its jurisdiction in regard to the scope of deciding a "Note for speaking to the Minutes". A "Note for speaking to Minutes" is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order. Once, the judgment/order is pronounced and if any party to the same wants any rectification of any typographical error and any clerical mistake regarding the date or number, such a party may apply to the concerned Court for correcting such an error in the judgment/order. However, a "Note for speaking to the Minutes" cannot be considered at par with a review application or in a given case, with an application for clarification/modification of an order. A "Note for speaking to the Minutes" can never be considered to be an application of such a nature. While passing the impugned order below the "Note for speaking to the Minutes", the High Court has virtually modified its original order passed in First Appeal. While passing the impugned order, the High Court has given further directions as if the High Court is passing the order on an application for clarification/modification. Therefore, such a course was not open to the High Court while deciding a "Note for speaking to the Minutes". Since, the High Court has travelled beyond its jurisdiction in regard to the scope of deciding a "Note for speaking to the Minutes", we have no option but to set aside the impugned order passed below the "Note for speaking to the Minutes".
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 12088-12089 of 2018
Decided On: 14.12.2018
Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh Vs. Brijlal Tibrewal and Ors.
Hon'ble Judges/Coram:
A.K. Sikri, Ashok Bhushan and M.R. Shah, JJ.
Citation:(2019) 2 SCC 684
