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yogesh (will tell you later)     02 October 2011

Review petition queries( pertaining to writ petition)

Sir,
I have certain doubts in reagrds to Review Petition filed before HIGH court

Generally 112 CPC delas with filing Review Petition and Order XLVII deals with it..But at the same time it is stated that no second appeal lies from order made an appeal from order (if it dismissed by the court)

But in the case of writ petition order 47 of the code doesn't apply under Article 226 of the constitution(After amendment of section 141 of the code and insertion of explanation to that section)

My query is peratining to the following:

1 then under which provisions one can file Review of the order passed by the High Court under writ petition jurisdiction?

2 Whether review order (dismissal) of the High Court can be challnged before supreme court by the way of Special Leave Petition?

Regards



Learning

 2 Replies

Shinde Prashant (LL.B)     18 November 2011

Originally posted by :yogesh
"
Sir,
I have certain doubts in reagrds to Review Petition filed before HIGH court

Generally 112 CPC delas with filing Review Petition and Order XLVII deals with it..But at the same time it is stated that no second appeal lies from order made an appeal from order (if it dismissed by the court)

But in the case of writ petition order 47 of the code doesn't apply under Article 226 of the constitution(After amendment of section 141 of the code and insertion of explanation to that section)

My query is peratining to the following:

1 then under which provisions one can file Review of the order passed by the High Court under writ petition jurisdiction?

2 Whether review order (dismissal) of the High Court can be challnged before supreme court by the way of Special Leave Petition?

Regards
"

i hav same query plz help

yogesh (will tell you later)     19 November 2011

Yes, SLP can be filed aginst the review order but along with the writ order


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