'SLP Cannot Lie Against Only A Review Order': Supreme Court Raps Petitioner For Approaching Court With Over 56 Years Delay

The Division Bench of Justice SK Kaul and Justice Hrishikesh Roy while hearing a plea against the order passed by the Patna High Court on March 29, 2019, remarked that:

"We find the present proceeding filed before this Court as also before the High Court is an abuse of process of law and complete wastage of judicial time."

The Court took note that when the judgement was passed in the First Appeal, at no point of time, any objection was raised that the respondent had passed away. The submissions were sought to be made after 56 years which had resulted in the dismissal of application for condonation of delay, and now the petitioners had started the second round by filing the SLP against the order.

Relying on the Apex Court judgement in Municipal Corporation of India vs. Yashwant Singh Negi, (2013) SCC online 308, the Court said that an SLP would not lie against only a review order and that there was no error apparent after 50 years for the Court to exercise the jurisdiction of review.

Looking into the allegations that the petitioners were not apparently well to do, the top court while dismissing the plea imposed a cost of Rs 5000/-and directed the same to be deposited with the Supreme Court Advocates on Record Welfare Fund within four weeks.

Case Title: Anita Devi and Anr v. Sanjay Kumar and Ors| Special Leave Petition (Civil) Diary No(S). 35493/2019

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