Vinod Kapoor v. State of Goa, (2012) 12 SCC 378 : 2012 SCC OnLine SC 817 at page 382
11. Moreover, on the High Court rejecting the application for review of the appellant, the order rejecting the application for review is not appealable by virtue of the principle in Order 47 Rule 7 CPC. In Shanker Motiram Nale v. Shiolalsing Gannusing Rajput [(1994) 2 SCC 753] , Suseel Finance & Leasing Co. v. M. Lata[(2004) 13 SCC 675] and M.N. Haider v. Kendriya Vidyalaya Sangathan [(2004) 13 SCC 677] cited by the learned counsel for Respondent 8, this Court has consistently held that an appeal by way of special leave petition under Article 136 of the Constitution is not maintainable against the order rejecting an application for review in view of the provisions of Order 47 Rule 7 CPC.
see DSR Steel (2012) 6 SCC 782
ReplyDeleteThe law is settled that Special Leave Petition only against order passed in review petition is not maintainable (See, Ripa Sharma (2013) 3 SCC 63, para.5 and 6).
ReplyDeleteBussa Overseas (2016) 4 SCC 696)
It is open to the Petitioner to cure the technical defects; and also challenge the main order dated 08.11.2016 passed in the Writ Petition along with the order dated 09.1.2016 passed in Review Petition by the High Court. (See, Govindbhai G. Patel v. Gulam Abbas M. Alibhan, (1977) 3 SCC 179)