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Supreme Court of India 2019-02-01 dismissed

Asharfi Devi (D) Thr. LRs vs State of U.P. & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant's predecessor challenged the dismissal of a writ petition concerning surplus land under urban ceiling laws by filing a review petition in High Court, which was also dismissed. She then appealed to the Supreme Court against only the review order, not the original dismissal order. The Court held that an appeal against a review order can examine only the review order itself under Order 47 Rule 1 CPC, not the underlying main judgment, unless separately challenged by Special Leave Petition. Since the appellant had not timely challenged the main order and offered no explanation for the 11-year delay, Article 142 powers could not be invoked. The High Court correctly upheld the main order as containing no apparent error reviewable under CPC rules.

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Civil Procedure Review Jurisdiction Urban Land Ceiling Law Limitation and Delay Possession Constitutional Powers

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