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2013 Supreme(SC) 309

H.L.DATTU, JAGDISH SINGH KHEHAR
SANDHYA EDUCATIONAL SOCIETY – Appellant
Versus
UNION OF INDIA – Respondent


Order

1. Leave granted. This appeal is directed against the judgment and order passed by the High Court of Delhi in Sandhya Educational Society v. Union of India, WP (C) No. 3596 of 1987 dated 18-11-2011. By the impugned judgment and order, the High Court has dismissed the review petition filed by the appellants. Being aggrieved by the aforesaid order, the appellants are before us in this appeal.

2. Shri H.P. Raval, learned Additional Solicitor General, with regard to the maintainability of the special leave petition against the order passed in a review petition, brings to our notice the judgment and order passed by this Court in Vinod Kapoor v. State of Goa, AIR 2012 SC 3722 Suseel Finance & Leasing Co. v. M. Lata, (2004) 13 SCC 675 and M.N. Haider v. Kendriya Vidyalaya Sangathan, (2004) 13 SCC 677.

3. Per contra, Shri Mukul Rohatgi, learned Senior Counsel for the appellants would submit, that this Court while observing the maintainability of a special leave petition against the order passed by a writ court in a review petition, has taken into consideration only the provisions under Order 47 Rule 7 of the Code of Civil Procedure, 1908 (“CPC”, for short) and not Section 141 CPC and th






















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