2013 (4) TMI 921

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....espondent raised a preliminary objection that the special leave petition is not maintainable since the main judgment rendered by the High Court on 5.11.2008 in LPA No. 1233 of 2006 was not challenged. 2. Mr. Sanjiv Sen, learned Counsel appearing for the Petitioner placed considerable reliance on the judgment of this Court in Eastern Coalfields Limited v. Dugal Kumar (2008) 14 SCC 295 and submitted that the said judgment would apply to the facts of this case and the SLP is perfectly maintainable, even though the Petitioner had not challenged the original order passed by the High Court on 5.11.2008. Learned Counsel submitted that on dismissal of the review petition, the earlier order stood merged, in the order passed in the review petition, ....

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....essed by this Court in Eastern Coalfields Limited (supra). In our view, once the High Court has refused to entertain the review petition and the same was dismissed confirming the main order, there is no question of any merger and the aggrieved person has to challenge the main order and not the order dismissing the review petition because on the dismissal of the review petition the principle of merger does not apply. In this connection reference may be made to the judgment of this Court in Manohar S/o Shankar Nale and Ors. v. Jaipalsing S/o Shivlalsing Rajput and Ors. (2008) 1 SCC 520 wherein this Court has taken the view that once the review petition is dismissed the doctrine of merger will have no application whatsoever. This Court in DSR ....

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.... of a further appeal, if any, maintainable under law. 25.3. The third situation with which we are concerned in the instant case is where the revision petition is filed before the Tribunal but the Tribunal refuses to interfere with the decree or order earlier made. It simply dismisses the review petition. The decree in such a case suffers neither any reversal nor an alteration or modification. It is an order by which the review petition is dismissed thereby affirming the decree or order. In such a contingency there is no question of any merger and anyone aggrieved by the decree or order of the Tribunal or court shall have to challenge within the time stipulated by law, the original decree and not the order dismissing the review petition. T....