SLP only against the review order of the High Court is not Maintainable: SC

Recently, the Supreme Court reiterated that Special Leave Petitions filed against the High Court order in a Review Petition are not maintainable.

Background: 

In the instant case, SLPs against substantive order were dismissed by the court without giving liberty to petitioners to file a review or approach the Supreme Court if an adverse verdict is delivered in review applications.

The High Court dismissed review applications filed by the petitioners. Against the High Court order, a Special Leave Petition was filed in the Apex Court by the petitioners.

Observations of the Court:

Hon’ble Justice Sanjay Kishan Kaul and Hon’ble R Subash Reddy that SLP is dismissed and petitioners are not allowed to file a review application in Municipal Corporation of Delhi MCD vs Yashwant Singh Negi.

In the Yashwant Singh Negi case, the Supreme Court explained the rationale behind not entertaining an SLP challenging High Court order that challenged the review when the main order is not challenged.

While referring to the case at hand, the Bench opined that against the main judgement passed in SLP, which was dismissed earlier, has become final, and the petitioner cannot be allowed to affect it. 

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The Court further opined that when the High Court’s main judgment cannot be affected, this court cannot grant any relief in SLP filed against the order rejecting review application against High Court’s main judgment.

Therefore, the Court dismissed the instant SLP.

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