Finality of the judgment – Mistake of court  – Justice dispensation – Concern of this Court for rendering justice in a cause is not less important than the principle of finality of its judgment.

The Court has to balance ensuring certainty and finality of a judgment of the Court of last resort on one hand and dispensing justice on reconsideration of a judgment on the valid grounds on the other hand. This Court has observed that though Judges of the highest court do their best, yet situations may arise, in the rarest of the rare cases, which would require reconsideration of a final judgment to set right miscarriage of justice complained of. It has been held that in such a case it would not only be proper but also obligatory both legally and morally to rectify the error. This Court further held that to prevent abuse of its process and to cure a gross miscarriage of justice, the Court may reconsider its judgments in exercise of its inherent power.

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

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PLRonline 1461501