Can the High Court review its order after an SLP is filed?

Yes, before the Supreme Court grants special leave. After grant, review power shifts; the High Court cannot review.

What happens after the Supreme Court grants leave?

The Supreme Court’s appellate jurisdiction begins. The High Court’s order merges with the Supreme Court’s forthcoming appellate order.

Does dismissal of SLP by itself cause merger?

Dismissal of SLP without granting leave does not attract merger. If leave is granted, merger applies to the appellate outcome.

What CPC provision allows review?

Order 47 Rule 1(1)(a) CPC allows a person aggrieved to seek review where an appeal lies but has not been preferred.

Key takeaway for students?

Review in High Court is open only till SLP is granted. After grant, challenge lies in Supreme Court; merger governs the effect.

unhayammed-v-state-of-kerala-2000-3-klt-354

Kunhayammed v. State of Kerala — Review after SLP & Doctrine of Merger

Author: Gulzar Hashmi India CASE_TITLE: Kunhayammed v. State of Kerala PRIMARY_KEYWORDS: review jurisdiction, SLP, merger SECONDARY_KEYWORDS: O.47 R.1 CPC, Art. 136 PUBLISH_DATE: 22 Oct 2025 Slug: kunhayammed-v-state-of-kerala-2000-3-klt-354

Quick Jump

Summary Issues Rules Facts Arguments Judgment Ratio Why It Matters Key Takeaways Mnemonic IRAC Glossary FAQs Related

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Quick Summary

Simple rule: High Court review is open till the Supreme Court grants special leave. After grant, the case moves to the Supreme Court; the High Court cannot review. When the Supreme Court decides the appeal (reverse/modify/affirm), the doctrine of merger applies.

O.47 R.1 Art. 136 2000 (3) KLT 354

Issues

Can the High Court review its order if the review would disturb an earlier Supreme Court order?
After the High Court’s order is affirmed by the Supreme Court, can a review lie against the High Court’s order?

Rules

Order 47 Rule 1(1)(a) CPC: A person aggrieved may seek review where an appeal lies but has not been preferred.
Article 136 Constitution: SLP to the Supreme Court is a discretionary gateway; after grant, appellate jurisdiction starts.
Doctrine of Merger: Once SC hears the appeal after granting leave, the HC order merges in the SC’s appellate order (reversal/modification/affirmation).

Facts — Timeline

Statute: Kerala Private Forests Act, 1971 vested private forests in the State; appeals to HC under Section 8A.

Dispute: Family claimed ~1020 acres before Forest Tribunal, Kozhikode.

Tribunal: Held the land did not vest in Government.

High Court appeal: State’s appeal dismissed; no further statutory appeal/revision/review provided.

SLP: State filed SLP under Art. 136; Supreme Court dismissed the SLP.

Review in HC: Later, the HC entertained review against its own earlier order, leading to challenge before the Supreme Court.

Timeline illustration for Kunhayammed v. State of Kerala

Arguments

Appellants

After grant of leave, only the Supreme Court can examine validity; HC review is barred.
Merger applies once SC’s appellate jurisdiction is invoked.

Respondents

Review before grant of SLP leave is permissible under O.47 R.1.
Dismissal of SLP without granting leave does not cause merger.

Judgment

Held: A review in the High Court is maintainable before the Supreme Court grants special leave. After grant, review cannot be entertained by the High Court because the matter lies within the Supreme Court’s appellate jurisdiction.

Once leave is granted and the appeal is decided (even by affirmation), the doctrine of merger applies: the High Court’s order merges into the Supreme Court’s appellate order.

Judgment illustration for Kunhayammed v. State of Kerala

Ratio Decidendi

Before SLP is granted: HC can review under O.47 R.1 CPC.
After SLP is granted: Review lies only before the Supreme Court; HC review is barred due to merger principle.

Why It Matters

It draws a clear timeline for remedies. Students learn when to file a review in HC and when to focus on Supreme Court remedies because of the merger rule.

Key Takeaways

Review in HC: Yes, before SLP is granted.
Review in HC: No, after SLP is granted.
Merger applies to reversal, modification, or affirmation by SC.

Mnemonic + 3-Step Hook

Mnemonic: “TILL GRANT — HC; AFTER GRANT — SC; THEN — MERGER.”

Check stage: Has SLP leave been granted?
Choose forum: Before grant → HC review; after grant → SC.
Apply merger: SC appellate order governs the field.

IRAC Outline

Issue	Whether HC can review if that review disturbs an SC order; and effect of merger when SC affirms HC.
Rule	O.47 R.1(1)(a) CPC (review), Art. 136 (SLP), Doctrine of Merger.
Application	HC review lies only until SC grants leave. After grant, only SC can test validity; HC review is barred; merger applies to SC appellate order.
Conclusion	Review maintainable before grant; not maintainable after grant; merger attaches to the SC appellate decision.

Glossary

SLP: Special Leave Petition under Article 136 to seek Supreme Court’s permission to appeal.
Review: Reconsideration of its own order by the same court under limited grounds in CPC.
Doctrine of Merger: Lower court’s order merges into the appellate court’s order once appellate jurisdiction is exercised.

FAQs

Yes, till special leave is granted. After grant, review lies only before the Supreme Court.

No, if leave is not granted. Merger applies only after leave and appellate decision.

Merger still applies. The HC order stands merged into the Supreme Court’s affirming appellate order.

Order 47 Rule 1(1)(a) CPC.