The Madhya Pradesh High Court in the case M/S Fort Crushing Metal Through Sunil Jian vs M.P. Paschim Kshetra Vidyut Vitran Co. Ltd. And Others, the Indore Bench observed and has recently upheld the maintainability of a writ appeal preferred against two separate orders passed by a Writ Court.
The bench comprising of Justice Subodh Abhyankar and Justice S.K. Singh observed while rejecting the contentions raised by the Respondents challenging the maintainability of the appeal.
In the present case, the court is of the considered opinion that it would only serve the interest of justice if the appellant can also challenge the order of rejection of review petition in the appeal preferred against the original order, in a review petition, as three are occasions when the appellate court itself is of the opinion that the appellant could have raised the grounds raised in the appeal.
Facts of the Case:
An appeal is preferred by the Appellant against the order passed by the Writ Court. Thus, in the same appeal, the Appellant was also challenging the rejection of its review petition against the same order passed by the Writ Court. Later, in the appeal, the respondent moved an application challenging the maintainability of the appeal.
Before the court, it was submitted by the respondents’ provisions under Section 2(1) of Madhya Pradesh Uchha Nyayalaya (Khand Nayaypeeth Ko Appeal) Adhiniyam, 2005, and the rules made thereunder do not provide for one appeal against the two separate orders. It was also referred by them the provisions under Order XLVII Rule 7 CPC, to assert that an order of a court rejecting an application for review is not appealable.
The Court while examining the submissions of parties and documents on record, the Court was not convinced with the arguments put forth by the Respondents. The court while dealing with the submission of the Respondents that pursuant to the provisions under Order XLVII Rule 7 CPC, the appeal was not maintainable, it was pointed out by the court that the appeal was not solely against the dismissal of review petition-
However, so far as the Rule 7(1) of Order 47 of CPC is concerned, it stipulates that an order of the Court rejecting the review application shall not be appealable. In the present appeal, the court has been preferred not only against the order passed by the writ court but also against the order passed in the review petition, and thus, it is not a case where the writ appeal has been preferred only against the order of rejection which has been passed in review petition, in such circumstances, even if the said order passed in review petition is also challenged in this writ appeal by the appellant, it cannot be said that it would render the writ appeal as not maintainable.
Accordingly, the court held that the writ appeal preferred by the Petitioner was maintainable. The court dismissed the application on the ground that it had been preferred against two orders was rejected.
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