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Supreme Court of India 2020-10-05 dismissed

T.K. David vs Kuruppampady Service Co-Operative Bank Ltd. & Ors

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court dismissed a special leave petition (SLP) challenging the High Court's order rejecting a review petition. The petitioner had previously failed to challenge the original main judgment in a separate SLP, which therefore became final. The Court held that an SLP challenging a review dismissal is not maintainable when the underlying main judgment cannot be affected. Since the main judgment had become final between the parties, no relief was possible through an SLP against the review order. The Court reaffirmed that parties must challenge main orders directly, not orders dismissing review petitions, as the principle of merger does not apply to review dismissals.

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Civil Procedure Appellate Jurisdiction Review Petition Maintainability

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