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Issues: Whether a special leave petition or civil appeal under Article 136 of the Constitution of India is maintainable against an order rejecting a review petition, and whether an earlier withdrawal of the special leave petition against the main order without liberty to re-agitate the matter bars a fresh challenge.
Analysis: The Court followed the settled line of authority holding that an order rejecting review is not appealable, and that a special leave petition directed only against such review order is not maintainable in view of Order 47 Rule 7 of the Code of Civil Procedure, 1908. The Court also held that where the earlier special leave petition against the main order was withdrawn without obtaining liberty to challenge the main order again after review proceedings, the party is precluded from filing a fresh special leave petition or appeal. Emphasising judicial decorum and discipline, the Court declined to refer the matter to a larger Bench on a mere assumption of conflict, as the issue had already been concluded by binding precedent.
Conclusion: The challenge was held not maintainable, and the appeal was dismissed.
Final Conclusion: The decision reaffirms that a review rejection cannot ordinarily be assailed by special leave and that withdrawal of an earlier challenge without express liberty bars a subsequent attempt to reopen the same controversy.
Ratio Decidendi: A special leave petition or appeal is not maintainable against an order rejecting review, and a withdrawn earlier challenge to the main order cannot be revived in a fresh proceeding unless liberty to do so was expressly reserved.
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