Supreme CourtDivision Bench(2000) 02 SC CK 0064

Mr. X vs Hospital Z

Supreme Court Of India · Decided on 7 February 2000 · Citation: (2001) AIRSCW 2271 : (2000) AIRSCW 1917 : (2000) 1 SCALE 655 : (2000) 9 SCC 439 : (2000) 3 Supreme 777

HON’BLE JUDGES
S. Saghir Ahmad, J · B. N. Kirpal, J
RESULT
Allowed
CASE NUMBER
IA No. 4 in IA 2-3 in C.A. No. 4641 of 1998 with W.P. (C) No. D533 of 2000

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Judgment

5 paragraphs · 219 words
1.

Writ Petition under Article 32 of the Constitution against the judgment already passed by this Court cannot be entertained. Learned counsel for the petitioner stated that prayer (a) which seeks overruling or setting aside of the judgment already passed in Mr 'X' Vs. Hospital 'Z', may be deleted. This prayer shall accordingly be deleted. So also, the other prayers which indirectly concern the correctness of the judgment already passed shall stand deleted. Learned counsel for the petitioner stated that the petition may not be treated as a petition under Article 32 of the Constitution but may be treated as an application for clarification/ directions in the case already decided by this Court, viz Mr 'X' Vs. Hospital 'Z', .

2.

We direct that the office shall not treat this as a writ petition filed under Article 32, but shall register it separately as an IA for clarification/directions in C.A. No. 4641/1998.

3.

Notice of this LA. returnable within two weeks shall be issued to National Aids Control Organisation, Union of India and Indian Medical Association which is already represented in IA No. 2-3. Notice shall also go to Medical Council of India. Dasti service is permitted in addition.

4.

LA. No. 4 for intervention is allowed.

5.

SLP DNo. 2282/ 2000 shall be listed along with these IAs.