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Main Order Cannot Be Challenged In An Appeal Filed Only Against Review Order

In CIVIL APPEAL No. 5217 OF 2010 before Supreme Court, Asharfi Devi vs State of U.P. & Ors., the High court has dismissed the writ petitions filed by one Asharfi Devi challenged the ceiling proceedings against her. Review petitions filed against this was also dismissed by the High court.

On appeal, the Supreme Court noticed that the writ petitioner never challenged the legality and correctness of the main order dated 14.03.2008 passed in the writ petition but confined her challenge only to the order dated 16.12.2008 passed in the review application. The Court said that this appeal does not arise out of the main order but arises out of review order only and, therefore, we cannot examine the legality and correctness of the main order in this appeal like an Appellate Court.The court then proceeded to hear the matter and agreed to examined the matter only with a view to find out as to whether the High Court was right in dismissing the review application and thereby justified in upholding the main order and based on the same dismissed the SLP.


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