- (1.) The petitioners were respondents 8 to 11 in writ petition No. 3031 of 1987 before the Allahabad High Court. The said writ petition was disposed of by the High Court on 28-9-1989 following its earlier order in W. P. 1454/76. It appears that, before the writ petition was decided in a manner adverse to the present petitioners, they had not been served with any notice in the writ petition though they were eo nominee parties thereto. The petitioners, therefore, preferred SLP No. 1329 of 1989 before this Court. On 23-11-1989 this SLP was dismissed by this, Bench with the following one line order : "The Special Leave Petition is dismissed." Thereafter, the present petitioners filed a Civil Miscellaneous Petition in the SLP, purportedly one seeking clarification of the earlier order of the Court. The following order was passed on this application on 14-12-89 : "Counsel for the petitioners seeks leave to withdraw this application. The application is dismissed as withdrawn."
(2.) Subsequently, the petitioners had filed a review petition before the Allahabad High Court seeking a review of its earlier order on the writ petition. The High Court dismissed the review petition on 2-4-1990 as being without merit in view of the fact that the SLP against the order sought to be reviewed had already been dismissed by this Court.
(3.) The petitioners have preferred the present Special Leave Petition against the order of the Allahabad High Court dated 2-4-90. Shri Mohanty, learned counsel for the petitioners, submits that neither the cryptic order of dismissal of the original special leave petition nor the order on the miscellaneous application filed by the petitioners could stand in the way of the Allahabad High Court considering the review petition filed before it on-merits. In support of this contention he relied, inter alia, on the observations in Daryao v. State of U.P. (1962) 1 SCR 57 : (AIR 1961 SC 1457); State of Orissa v. Dr. (Miss) Binapani Dei, (1967) 2 SCR 625 : (AIR 1967 SC 1269); Workmen of Cochin Port Trust v. Board of Trustees of the Cochin Port Trust (1978) 3 SCC 119 : (AIR 1978 SC 1283) and Indian Oil Corporation Ltd. v. State of Bihar (1987) 167 ITR 897 : (AIR 1986 SC 1780).;