Case Note & Summary
The dispute arose from an appeal challenging the dismissal of a review application by the Punjab and Haryana High Court concerning a writ petition dismissed due to the petitioner's habitual absenteeism. The petitioner, Shiv Charan Singh, had filed a writ petition seeking relief regarding the quantum of punishment after being absent for three years. The High Court dismissed the writ petition on 12.8.2005, finding the petitioner undeserving of relief. The petitioner subsequently filed a review application, which was also dismissed, leading to the current appeal. The Supreme Court, upon reviewing the case, noted that the appeal was against the dismissal of the review application and not the original judgment, making it incompetent under Order 47 Rule 7 of the Code of Civil Procedure, 1908. The court referenced previous judgments to support its position and clarified that the dismissal of the appeal would not impede the consideration of a special leave petition filed later. Ultimately, the Supreme Court dismissed the appeal without costs.
Headnote
A) Civil Procedure - Review Application - Maintainability of Appeal - Code of Civil Procedure, 1908, Order 47 Rule 7 - The Supreme Court held that an appeal against an order rejecting a review petition is incompetent as per the provisions of the CPC. The court reiterated that the review petition was rightly dismissed by the High Court, and the appeal against such dismissal was not maintainable. Held that the appeal was dismissed without costs (Paras 1-2).
Issue of Consideration
Whether the appeal against the dismissal of the review petition was maintainable.
Final Decision
The Supreme Court dismissed the appeal against the review application, holding it to be incompetent under Order 47 Rule 7 of the Code of Civil Procedure, 1908. The court clarified that the dismissal of the appeal would not affect the consideration of a special leave petition filed subsequently.
Law Points
- Review application
- maintainability
- appeal against review order
- habitual absenteeism
- quantum of punishment
