No appeal has been preferred, the words 'no appeal has been preferred in Order 47, Rule 1(a) would also mean a situation where special leave is not granted. Till then there is no appeal in the eye of law before the Superior Court. The review can be preferred in the High Court before special leave is granted, but not after it is granted. Once special leave is granted the jurisdiction to consider the validity of the High Court's order vests in the Supreme Court and the High Court cannot entertain in review thereafter, unless such a review application was preferred in the High Court before special leave was granted, Kunhayamned v. State of Kerala, (2000) 6 SCC 359: AIR 2000 SC 2587 (2600). (Constitution of India, Article 226)
View Judgments Citing this Phrase