- (1.) CA No. of 2013 arising out of SLP (C) No. 2429 of 2012 1. Leave granted. This appeal is directed against the judgment and order passed by the High Court of Delhi in Sandhya Educational Society v. Union of India CM Application No. 5607 of 2004 in WP (C) No. 3596 of 1987, decided on 18-11-2011 (Del), dated 18-11-2011. By the impugned judgment and order, the High Court has dismissed the review petition filed by the appellants. Being aggrieved by the aforesaid order, the appellants are before us in this appeal.
(2.) Shri H.P. Raval, learned Additional Solicitor General, with regard to the maintainability of the special leave petition against the order passed in a review petition, brings to our notice the judgment and order passed by this Court in Vinod Kapoor v. State of Goa, 2012 12 SCC 378, Suseel Finance & Leasing Co. v. M. Lata, 2004 13 SCC 675 and M.N. Haider v. Kendriya Vidyalaya Sangathan, 2004 13 SCC 677.
(3.) Per contra, Shri Mukul Rohatgi, learned Senior Counsel for the appellants would submit, that this Court while observing the maintainability of a special leave petition against the order passed by a writ court in a review petition, has taken into consideration only the provisions under Order 47 Rule 7 of the Code of Civil Procedure, 1908 ("CPC", for short) and not Section 141 CPC and therefore requires reconsideration of the issue involved in the instant appeal by a three-Judge Bench of this Court.;