GANGADHARA PALO versus THE REVENUE DIVISIONAL OFFICER & ANOTHER

GANGADHARA PALO versus THE REVENUE DIVISIONAL OFFICER & ANOTHER

Where Special Leave Petition (SLP) is dismissed without giving any reasons, there is no merger of the High Court judgment with the Supreme Court order, and the High Court judgment continues to exist and is capable of review; delay of 71 days should have been condoned by the High Court and the review petition decided on merits.

Parties
Appellant: Gangadhara Palo; Respondents: Revenue Divisional Officer & Another
Jurisdiction
India
Judgment Date
08 March 2011
Procedural Posture
Civil Appeal / Appeal Against High Court Order Dismissing Review Petition and Application for Condonation of Delay
Outcome
Appeal allowed
Legal Topics
Review Petition, Doctrine of Merger, Condonation of Delay, Precedent
Civil Procedure Administrative Law Review Petition Doctrine of Merger Condonation of Delay Precedent

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Parties

Gangadhara Palo

Appellant

Revenue Divisional Officer & Another

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order Dismissing Review Petition and Application for Condonation of Delay

Legal Issues

  1. 1 Whether review petition before the High Court is maintainable after dismissal of Special Leave Petition by Supreme Court without reasons
  2. 2 Whether delay of 71 days in filing review petition should be condoned

Ratio Decidendi

Where Special Leave Petition (SLP) is dismissed without giving any reasons, there is no merger of the High Court judgment with the Supreme Court order, and the High Court judgment continues to exist and is capable of review; delay of 71 days should have been condoned by the High Court and the review petition decided on merits.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court set aside
  • Delay in filing the review petition before the High Court condoned