S. NARAHARI AND ORS versus S.R. KUMAR AND ORS.

S. NARAHARI AND ORS versus S.R. KUMAR AND ORS.

Order XLVII Rule 7 CPC precludes filing a Special Leave Petition against an order passed in review; however, the question whether liberty granted by this Court to approach the High Court in review (and dismissals of SLPs by non-speaking orders) revives the remedy of filing a subsequent Special Leave Petition raises important questions about merger, res judicata and Article 141 and must be decided by a larger bench; accordingly the matter is referred to the Chief Justice for constitution of a larger bench.

Parties
Appellants: S. Narahari and Ors.; Respondents: S.R. Kumar and Ors.
Jurisdiction
India
Judgment Date
05 July 2023
Procedural Posture
Civil Appeal / Leave Granted; Preliminary Objection on Maintainability; Matter Referred to a Larger Bench
Outcome
Leave granted; matter referred to a larger bench for decision on the preliminary legal question of maintainability and the effect of liberty to approach the High Court in review on availability of Special Leave Petition.
Legal Topics
Order XLVII Rule 7 CPC, Special Leave Petition, Review, Doctrine of Merger, Article 141 Constitution of India, Maintainability of Appeal
Civil Procedure Constitutional Law Appellate Jurisdiction Order XLVII Rule 7 CPC Special Leave Petition Review Doctrine of Merger Article 141 Constitution of India +1 more

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Parties

S. Narahari and Ors.

Appellants

S.R. Kumar and Ors.

Respondents

Procedural Posture

Civil Appeal / Leave Granted; Preliminary Objection on Maintainability; Matter Referred to a Larger Bench

Legal Issues

  1. 1 Whether liberty granted by the Supreme Court to approach the High Court in review automatically makes the remedy of a fresh Special Leave Petition available
  2. 2 Whether Order XLVII Rule 7 CPC bars filing of a Special Leave Petition against an order passed in review
  3. 3 Whether dismissal of a Special Leave Petition by a non-speaking order attracts the doctrine of merger or operates as res judicata under Article 141

Ratio Decidendi

Order XLVII Rule 7 CPC precludes filing a Special Leave Petition against an order passed in review; however, the question whether liberty granted by this Court to approach the High Court in review (and dismissals of SLPs by non-speaking orders) revives the remedy of filing a subsequent Special Leave Petition raises important questions about merger, res judicata and Article 141 and must be decided by a larger bench; accordingly the matter is referred to the Chief Justice for constitution of a larger bench.

Court Disposition

Leave granted; matter referred to a larger bench for decision on the preliminary legal question of maintainability and the effect of liberty to approach the High Court in review on availability of Special Leave Petition.

Orders

  • Delay condoned.
  • Leave granted.