SC: If main judgement attains finality, SLP against order rejecting review not maintainable

The Hon’ble Supreme Court, on 5th October 2020, in the matter of T.K. David v. Kuruppampady Service Co-operative Bank Ltd. & Ors. pronounced that when the main judgment of the High Court cannot be affected in any manner, no relief can be granted by the Supreme Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. The Supreme Court does not entertain a special leave petition in which no relief can be granted.

Question before the Hon’ble Supreme Court:

Whether the special leave petition challenging the order rejecting review petition is maintainable when the main judgment of the High Court is not under challenge ?

The Hon’ble Supreme Court observed that:

The rationale for not entertaining a special leave petition challenging the order of High Court rejecting the review petition when main order in the writ petition is not challenged can be easily comprehended. Against the main judgment the SLP having been dismissed earlier the same having become final between the parties cannot be allowed to be affected at the instance of petitioner. (Para 15)

When the main judgment of the High Court cannot be affected in any manner, no relief can be granted by the Supreme Court in the special leave petition filed against order rejecting review application to review the main judgment of the High Court. The Supreme Court does not entertain a special leave petition in which no relief can be granted. (Para 15)

Copy of judgement: Judgement_05-Oct-2020

-Adv. Tushar Kaushik

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