The Supreme Court on Tuesday (Sep. 23) ruled that an order rejecting a review petition cannot be independently challenged, as it merely affirms the original order or decree. An aggrieved party must therefore contest the original order or decree itself, not the order rejecting the review.

When the review is dismissed, there is no merger of the original decree with the dismissal order. The Court explained :

“Whenever a party aggrieved by a decree or order seeks a review thereof based on parameters indicated in Section 114 read with Order XLVII, CPC and the application ultimately fails, the decree or order under review does not suffer any change. It remains intact. In such an eventuality, there is no merger of the decree or order under review in the order of rejection of the review because

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