Review petition queries

yogesh (Querist) 02 October 2011 This query is : Resolved
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

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Chanchal Nag Chowdhury (Expert) 02 October 2011
Review is provided for in S.114 & not S.112 CPC. The order rejecting the Review is not appealable but the original order of which review was sought for,can be appealed from, if appealable.
The order passed by the High Court under writ jurisdiction can always be appealed from. HCs. frame their own rules relating to Applns. u/Art. 226. CPC will apply so far as it is allowed by the HC Rules.
Generally, Review is allowed from the final order of the HC in writs.