Thungabhadra Industries Ltd vs The Government Of Andhra Pradesh on 22 October, 1963
In the case of M/s Thungabhadra Industries Ltd. Vs. Government of A.P., AIR 1964 SC 1372, the Supreme Court was required to consider the provisions of Order 47 Rule 1(1) of the Code. It was a case where the applicant filed an application for Special Leave to Appeal during the pendency of the application for review of the order of the High Court refusing to grant certificate under Article 133 of the Constitution. There was delay in filing the application for Special Leave to Appeal. The appellate court refused to condone the delay so that the petition for Special Leave to Appeal never came to be filed before the Supreme Court. The High Court rejected the application for review on the ground that the Special Leave Petition has been dismissed. The apex Court, after considering the facts and circumstances, held that in the circumstances, the refusal of the Supreme Court to entertain the application for special leave did not bar the jurisdiction of the High Court to decide the review petition nor could it be a relevant matter in deciding it. The High Court, therefore, was not justified in rejecting the application on this ground.