Non-speaking SLP dismissal and section 152 correction power cannot bar review challenge or add pendente lite interest

A non-speaking dismissal of an earlier special leave petition does not, by itself, attract merger or res judicata so as to bar a later challenge to a review order, particularly where the review was filed in time and before the later challenge. The note also states that section 152 of the Code of Civil Procedure permits correction only of clerical, arithmetical, or accidental slips, and cannot be used to add pendente lite interest where neither the award nor the decree granted that substantive relief. On that basis, the amendment was held impermissible and the challenged order unsustainable.

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Issues: (i) Whether dismissal of an earlier special leave petition without reasons barred a later challenge to the order passed in review on the ground of res judicata or merger. (ii) Whether the decree could be amended under section 152 of the Code of Civil Procedure, 1908, to grant pendente lite interest when neither the award nor the decree had provided for it.

Issue (i): Whether dismissal of an earlier special leave petition without reasons barred a later challenge to the order passed in review on the ground of res judicata or merger.

Analysis: A dismissal of a special leave petition without reasons does not amount to a decision on merits so as to attract the doctrine of merger or operate as res judicata in a subsequent challenge to the order passed in review, particularly where the review petition was filed within time and before the later special leave petition. The earlier dismissal relied upon by the respondent was distinguished because the later proceedings here did not involve delayed or abusive resort to review after the Supreme Court order.

Conclusion: The preliminary objection was rejected and the later appeal was held maintainable.

Issue (ii): Whether the decree could be amended under section 152 of the Code of Civil Procedure, 1908, to grant pendente lite interest when neither the award nor the decree had provided for it.

Analysis: Section 152 permits correction only of clerical or arithmetical mistakes or accidental slips or omissions. Omission to award pendente lite interest is not such an accidental omission where the underlying judgment or award itself did not grant that relief. A decree cannot be enlarged by adding a substantive relief that was never granted in the judgment, and the correction power cannot be used to confer pendente lite interest in such a case.

Conclusion: The amendment granting pendente lite interest was impermissible and the High Court's order was unsustainable.

Final Conclusion: The appeal succeeded, the challenged order was set aside, and the decree could not be amended to include pendente lite interest on the facts found.

Ratio Decidendi: A non-speaking dismissal of a special leave petition does not by itself bar a later challenge by res judicata or merger, and section 152 of the Code of Civil Procedure, 1908 cannot be used to grant a substantive relief such as pendente lite interest that was never awarded in the judgment or decree.

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