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Supreme Court allows second writ petition, directs review on merits. Parties served judgment, no costs. The Supreme Court found the second writ petition maintainable as the challenge to a subsequent order was not considered by the High Court. The Court set ...
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Supreme Court allows second writ petition, directs review on merits. Parties served judgment, no costs.
The Supreme Court found the second writ petition maintainable as the challenge to a subsequent order was not considered by the High Court. The Court set aside the High Court's decision and directed a review of the second writ petition on its merits, clarifying it did not assess the case's substance. The appellant was instructed to serve the judgment to respondents, and the appeal was resolved with no costs awarded, concluding the matter without further legal action.
Issues: 1. Maintainability of the second writ petition after withdrawal of the earlier petition without leave.
Analysis: The appellant was non-suited by the High Court for filing a second writ petition, which was deemed not maintainable due to the withdrawal of an earlier petition without seeking leave. The earlier writ petition was withdrawn with permission, and the High Court disposed of it without dismissal. The second writ petition challenged a subsequent order passed in appeal, which was not brought to the notice of the High Court during the proceedings.
The Supreme Court found that the second writ petition was maintainable as the challenge to the subsequent order was not considered by the High Court. The Court set aside the impugned judgment and directed the High Court to consider the second writ petition on its merits. It was clarified that the Supreme Court did not delve into the merits of the case but focused on the maintainability of the petition.
The Court ordered the appellant to serve a copy of the judgment along with the petition/appeal to the respondents. The appeal was disposed of, and any pending applications were also resolved. No costs were awarded in the judgment, and the matter was concluded without further legal proceedings.
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