Fresh appeal barred after withdrawal without liberty; dismissal of review was also held non-appealable.

Withdrawal of an earlier appeal without liberty bars a fresh appeal against the same order, because the principle underlying Order 23 Rule 1 CPC applies to appeals as well. The Court further held that an order rejecting review merely declines to exercise review jurisdiction and does not directly and immediately affect any valuable right; it is therefore not a judgment under Clause 10 of the Letters Patent and is not appealable under the CPC. On that basis, a second appeal challenging both the original order and the dismissal of review was not maintainable.

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Issues: Whether, after withdrawal of the earlier appeal without liberty to file a fresh appeal, a second appeal challenging the same order was maintainable; and whether an appeal lay against the order dismissing the review petition.

Analysis: The earlier appeal was withdrawn without permission to institute a fresh appeal. The principle underlying Order 23 Rule 1 of the Code of Civil Procedure was held applicable to appeals as well, so that withdrawal without liberty precluded a fresh challenge to the same order. As to the review order, an order rejecting review merely declines to exercise the power of review and does not directly and immediately affect any valuable right of the parties. Such an order was held not to amount to a judgment within Clause 10 of the Letters Patent, and therefore no appeal lay from the dismissal of the review petition. The Court also held that the order dismissing review was not appealable under the Code of Civil Procedure.

Conclusion: The second appeal against both the original order and the order dismissing review was not maintainable, and the appeal was dismissed.

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