Maintainability of a later special leave petition after review proceedings raises a substantial question for larger Bench consideration.

The Supreme Court considered whether a special leave petition against an order passed in review is maintainable, and whether a later special leave petition can be entertained after withdrawal of an earlier petition without express liberty. The Court examined the bar under Order XLVII Rule 7 CPC against appeal from an order rejecting review, as well as authorities on withdrawal of a special leave petition and the absence of merger in a non-speaking dismissal. Finding that the issue involved an important question of law with wider consequences and competing lines of authority, the Bench did not finally decide the point and directed that it be placed before the Chief Justice of India for constitution of a larger Bench.

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Issues: Whether a special leave petition challenging an order passed in review is maintainable, and whether the question of maintainability of a subsequent special leave petition after withdrawal of the earlier petition without express liberty warrants consideration by a larger Bench.

Analysis: The governing framework considered included the bar under Order XLVII Rule 7 of the Code of Civil Procedure, 1908 against appeal from an order rejecting review, and the line of authority on the effect of withdrawal of a special leave petition and the absence of merger in a non-speaking dismissal. The competing authorities were examined on the question whether liberty to seek review in the High Court, without express permission to file a fresh special leave petition, leaves the door open for a subsequent challenge. The Court found that the issue raises an important question of law with wider consequences and that the competing strands of reasoning require authoritative consideration.

Conclusion: The question of law was not finally answered by the Bench and was directed to be placed before the Hon'ble Chief Justice of India for constitution of a larger Bench.

Ratio Decidendi: Where the correctness and scope of the maintainability of a subsequent special leave petition after review-related proceedings raise a substantial question of law with wider implications, the matter may be referred for decision by a larger Bench rather than finally resolved by the referring Bench.

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