PALANI ROMAN CATHOLIC MISSION Vs. S BAGIRATHI AMMAL

JUDGEMENT

(1.) Leave granted.

(2.) After disposal of A. A. O. No. 767/1989 and CRP No. 1445/1988 by the High court holding that the petitioner being a registered Society under the Societies regulation Act is not a public, religious and charitable institution exempted under Madras City Tenants Protection Act, 1921, a special leave petition had been filed before this Court under Article 136 of the Constitution. And, this Court by an order made on 3.12.1996 dismissed the same in limine without setting out any reasons. Thereafter, an application for review was filed in the High Court on 2.1.1997. The review petition has been dismissed on the ground that it is not maintainable as the judgment dated 26.7.1996 of the High Court has merged in the order of this Court dated 3.2.1996 dismissing the special leave petition. The learned Judge in reaching this conclusion relied upon various other decisions of this court.

(3.) On behalf of the appellant the learned counsel raised a question whether the judgment of the High Court merges in a non-speaking order of this Court, dismissing the special leave petition in limine without stating any reasons. This question is no longer res Integra. This court in Kunhayammed v. Kerala [jt 2000 (9) SC 110] has taken the view that an order of the nature made in the special leave petition arising out of the order of the High Court, which is a non-speaking order, does not attract the doctrine of merger and it would not substitute the order impugned in the special leave petition proceedings with the result that the court was not inclined to exercise its discretion so as to allow the appeal to be filed. This Court has in the said' decision proceeded to state that a review can be filed in such a case even after special leave petition is dismissed inasmuch as no leave had been granted to file an appeal and until there is no appeal in the eyes of law in the Superior Court, review can be preferred in the High Court. In view of the decision in Kunhayammed's case the order made by the High Court cannot be sustained.