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Issues involved: Challenge to the order passed by Punjab and Haryana High Court dismissing review application in CWP No.17615 of 2001.
Judgment Summary: The Supreme Court addressed the challenge to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the review application in CWP No.17615 of 2001. The High Court had dismissed the writ petition due to the petitioner's prolonged absence, deeming them a habitual absentee and unworthy of relief in the punishment quantum. The appellant contended that the High Court erred in deeming the review petition as not entertainable, citing materials that were not considered. On the other hand, the respondents argued that the High Court's decision on the maintainability of the review petition was correct. The Supreme Court noted that the challenge in the appeal was solely against the order of the review application, which rendered the appeal not maintainable. Citing the case of Shanker Motiram Nale v. Shiolalsing Gannusing Rajput, the Court emphasized that an appeal against the rejection of a review application is incompetent as per Order 47 Rule 7 of CPC. The Court also referred to cases like Suseel Finance & Leasing Co. v. M. Lata and M.N. Haider v. Kendriya Vidyalaya Sangathan, reiterating the same principle. The appellant mentioned challenging the basic order dated 20.8.2004 through a special leave petition filed on 9.10.2006. The Court clarified that the dismissal of the present appeal would not hinder the consideration of the Special Leave Petition filed. Ultimately, the appeal was dismissed with no costs imposed.
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