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509
BAIGANA AND ORS.
v.
DEPUTY COLLECTOR OF CONSOLIDATION AND ORS.
March 14, 1978
[V. R. KRISHNA IYER AND JASWANT SINGH, JJ.J
Co11s1irutio11 of India, 1950, Ari. 136 read with Order XJ!I Supre111c Court
Rules l 966,-SliJ.Jrcnie Court C(lflllO! be converted into a court of fifth appeal .
Dhrnissing the special Jen\·c petition. the Court
1-lELD:
The Supre1ne Courl is n1or-:: than a Court of appeal.
It exercises
power only \\'hen there is st1prcn1e need. lt is not the fifth court of appeal but
A
B
the final court of the nation. Therefore, even if legal fla'"1s may be electronically
C
detected,
this Court cannot
inte1ft:rc sans 1nanifest
injustic-e or
substanti·..1l
-question of r:;ublic i1npor:nncc.
[509 EJ
CIVIL APPELLATE JURISDICTION :
Special Leave Petition ( Ci\'il)
No. 4963 of 1977.
(From the Judgment and Order dl. 21-9-75 of the Allahabad High
Court in Writ Petition No. 92 of 1969)
D
S. N. Singh, for the petitioner.
Tllc Order of the Court was delivered by
KRISHNA IYER, J.
The Supreme Court is more than a Court of
appeal. It exercises power only whcrr there is supreme need. lt is
not the fifth court of appeal but the final court of the nation. Therefore,
even if legal flaws may be electronically detected, we cannot interfere
sans manifest injustice or substantial question of public importance. By
1his token, the petitioner has mi~scd the bus.
Dismissed.
S.R.
Petition dis111issed.
J 5~'.277SCI :7s
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