Is Single Writ Appeal Against Two Separate Orders Of Writ Court Maintainable? Madhya Pradesh High Court Answers

Rejecting the contentions raised by the Respondents challenging the maintainability of the appeal, the division bench comprising Justices Subodh Abhyankar and S.K. Singh observed-

This court is of the considered opinion that it would only serve the interest of justice if the appellant can also challenge the order of rejection of review petition in the appeal preferred against the original order, as three are occasions when the appellate court itself is of the opinion that the appellant could have raised the grounds raised in appeal, in a review petition.

Facts of the case were that the Appellant had preferred an appeal against the order passed by the Writ Court. In the same appeal, the Appellant was also challenging the rejection of its review petition against the same order passed by the Writ Court. Later, the Respondents in the appeal moved an application, challenging the maintainability of the appeal.

The Respondents submitted before the Court that the provisions under Section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nayaypeeth Ko Appeal) Adhiniyam, 2005, and the rules made thereunder do not provide for one appeal against two separate orders. They also referred to the provisions under Order XLVII Rule 7 CPC, to assert that an order of a court rejecting an application for review is not appealable.

Examining the submissions of parties and documents on record, the Court was not convinced with the arguments put forth by the Respondents. Dealing with the submission of the Respondents that pursuant to the provisions under Order XLVII Rule 7 CPC, the appeal was not maintainable, the Court pointed out that the appeal was not solely against the dismissal of review petition-

So far as Rule 7(1) of Order 47 of CPC is concerned, it stipulates that an order of the Court rejecting the review application shall not be appealable. In the present appeal, it has been preferred not only against the order passed by the writ court but also against the order passed in the review petition, and thus, it is not a case where the writ appeal has been preferred only against the order of rejection passed in review petition, in such circumstances, even if the said order passed in review petition is also challenged by the appellant in this writ appeal, it cannot be said that it would render the writ appeal as not maintainable.

With the aforesaid observations, the Court held that the writ appeal preferred by the Petitioner was maintainable. Accordingly, the application for dismissal of appeal only on the ground that it had been preferred against two orders was rejected.

Case Title: M/S FORT CRUSHING METAL THROUGH SUNIL JAIN Vs M.P. PASCHIM KSHETRA VIDYUT VITRAN CO. LTD. AND OTHERS

Case citation: 2022 LiveLaw (MP) 225