ANINDYA DEB Vs. DEBJANI DEB

JUDGEMENT

(1.) The applicant's special leave petition was dismissed by the Supreme Court on 28th November 2016 by the following words: "We do not find any merit in this petition. The special leave petition is, accordingly, dismissed."

(2.) Two authorities of the Supreme Court Kunhayammed and Ors. v. State of Kerala and Anr. reported in (2000) 6 SCC 359 and Khoday Distilleries Limited (now known as Khoday India Limited) and Ors. v. Sri Mahadeshwara Sahakara Sakkare Karkhane Limited, Kollegal (under Liquidation) represented by the Liquidator reported in (2019) 4 SCC 376, inter alia, lay down the dicta that if a special leave petition is dismissed without reason, an application for review lies before the court below. If the order dismissing the said petition is with reasons, the finding of facts bind the parties, barring review.

(3.) The question before us is whether the observation of the highest court - "We do not find any merit"- amounted to dismissal of a special leave petition with reasons, so as to forfeit the right of the applicant to seek review.