Review Petition against Judgment in a R P After dismissing SLPis possible or not

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    • #3347
      Girish M
      Guest

      An SLP has been filed against the Judgment in Review Petition (RP 902/2008-High Court of Kerala) in 2009. The SLP was dismissed on 01-05-2017. Now the respondents in the RP are trying to file another Review Petition against the Judgment in the Review Petition. Kindly tell me whether this is allowed as per law. Now almost 190 days are over after the SLP is dismissed. The SLP dismissed as follows
      SLP(C)No. 20974/09, SLP(C)No. 23544/09,
      SLP(C)No.23548/09, SLP(C)NO. 24313/09, SLP(C)No. 24806/09
      Heard learned counsel for the parties.
      I.A. for impleadment is dismissed.
      We do not find any ground to interfere with the
      impugned order.
      The special leave petitions are, accordingly,
      dismissed.
      Pending application(s), if any, shall also stand
      disposed of.

      Whether this is a speaking order or not ?
      If it is a speaking order filing another Review Petition against the Judgment is allowed or not?
      The respondents prayer to Review the Original Judgment was rejected by the Hon’le High Court itself in its Judgment in the RP 902/2008. It reads as follows
      Learned counsel for the contesting respondents raised a preliminary objection that
      one writ appeal and two writ petitions were disposed of by one common judgment and therefore, there should be a review petition against the judgment in the Writ Appeal also.We notice that the review petitioners are not aggrieved by the judgment in the Writ Appeal. They are only aggrieved by the judgment in W.P.(C) Nos.33726/05 and 33749/05. We notice that in both these writ petitions there are review petitions.
      Therefore, the technical contention raised by the learned counsel for the contesting respondents cannot be accepted.

      Kindly confirm whether the respondents can again file another Review Petition after SLP is dismissed and a delay of 190 days is there in filing the RP as their aim is to delay the implementation of the Judgment in RP.

    • #3348

      Your question is whether a review petition can be filed in Supreme Court against dismissal of SLP by the Supreme Court. The answer is “yes”. A review petition is possible after dismissal of SLP. The limitation period for filing review petition is 30 days, but a party may file an application for condonation of delay if it can explain the delay.

      However, in practice, the chances of success in a review petition are very negligible. See: Success Rate of Review Petition and Curative Petition in Supreme Court.

      Your second question – the order in the SLP is not a speaking order.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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