Supreme Court: ‘SLP cannot lie against only a Review Order’


Shivangi Prakash-

Published on: August 14, 2021 10:35 IST

The Supreme Court today slammed the petitioner for approaching the Court by way of a review application 56 years and 6 days late, emphasising that an SLP could not lie against simply a review ruling.

While hearing a petition challenging the Patna High Court’s March 29, 2019 order, Justice SK Kaul and Justice Hrishikesh Roy of the Division Bench stated:

“We find the present proceeding filed before this Court as also before the High Court is an abuse of process of law and complete wastage of judicial time.”

The Court noted that no objection was brought to the respondent’s death when the First Appeal judgement was handed down.

The petitioners had requested that the submissions be made after 56 years, which had led in the dismissal of an application for delay condonation, and now they had begun the second phase by filing an SLP against the order.

According to the Supreme Court’s decision in Municipal Corporation of India vs. Yashwant Singh Negi, (2013) SCC online 308, an SLP would not lie against simply a review order, and there was no error apparent after 50 years for the Court to exercise its review authority.

While dismissing the case, the top court imposed a cost of Rs 5000/-, which was to be deposited with the Supreme Court Advocates on Record Welfare Fund within four weeks, after looking into the accusations that the petitioners were not seemingly well-off.

Order copy

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