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        Case ID :
        Indian Laws

        The SC dismissed the second SLP under Article 136 as not...

        Second SLP under Article 136 not maintainable after failed review; merger under Order XLVII r.7(1) CPC affirmed

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The SC dismissed the second SLP under Article 136 as not maintainable. The appellant, having earlier withdrawn a prior SLP with liberty to seek review before the HC under Article 226, could not re-agitate the parent order after the review failed; the Court applied the merger principle under Order XLVII r.7(1) CPC and held that rejection of a review affirms the original order and does not merge into a new decree. Entertaining a fresh SLP in such circumstances would subvert finality and amount to impermissible re-litigation. Public-policy considerations (interest reipublicae ut sit finis litium) were invoked. Preliminary objections by the respondent were upheld and the appeal was dismissed.
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