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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 The appellant, having earlier withdrawn a prior SLP with liberty to seek review before the HC under Article 226, could not re-agitate the parent order after the review failed; the Court applied the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.
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 The appellant, having earlier withdrawn a prior SLP with liberty to seek review before the HC under Article 226, could not re-agitate the parent order after the review failed; the Court applied the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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