Tuesday, December 13, 2016

Review of Order before High Court after dismissal of SLP

Case: Bakshi Dev Raj Vs Sudhir Kumar
Court Supreme Court
Citation: (2011)8SCC679

Factual Scenario: Order of the High Court is challenged before the Supreme Court in an SLP. SLP is dismissed by the SC. Thereafter, party can file a review of the impugned Order before the High Court. Order 41 Rule 1 provides that one of the condition for review is that an appeal is provided by the Act but no appeal has been preferred. Dismissal of SLP comes under no appeal has been preferred, as SLP is the front gate of the Appeal and until and unless leave is granted for appeal, dismissal of SLP will not be construed for res-judicata.

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