Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court

The Special Leave Petition against a review order alone is not maintainable, the Supreme Court reiterated in a recent order.

The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while dismissing a special leave petition filed against an order passed by Madhya Pradesh High Court

The bench noted that the petitioner had earlier withdrawn the Special Leave Petition. At the stage of withdrawal, no liberty was granted.

"The Special Leave Petition against a review order alone is not maintainable in view of the judgment of this Court in Municipal Corporation of Delhi v. Yashwant Singh Negi – 2020 (9) SCC 815.", the court said.

In Yashwant Singh Negi, the Supreme Court had observed thus: Once the High Court has refused to entertain the review petition and the same was dismissed confirming the main order, there is no question of any merger and the aggrieved person has to challenge the main order and not the order dismissing the review petition because on the dismissal of the review petition the principle of merger does not apply.

The three judge bench had explained the rationale for not entertaining a special leave petition challenging the order of High Court rejecting the review petition when main order in the writ petition is not challenged.

"Against the main judgment the SLP having been dismissed earlier the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. When the main judgment of the High Court cannot be effected in any manner, no relief can be granted by this Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. This Court does not entertain a special leave petition in which no relief can be granted. It is due to this reason that this Court in Bussa Overseas and Properties Private Limited and Anr. (supra) has held that principle of not entertaining special leave petition against an order rejecting the review petition when main judgment is not under challenge has become a precedential principle. We reiterate the above precedential principle in this case again.", it was observed.

Case name: RK Singh vs General Manager

Citation: 2022 LiveLaw (SC) 119

Case no. | Date: SLP(C) 23924/2021 | 31 Jan 2022

Coram: Justices Sanjay Kishan Kaul and MM Sundresh

Counsel: Sr. Adv. KS Chauhan, AOR Ajit Kumar Ekka

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