Application under section 151 CPC for new leave of Appel on new grds


When HC grants a certificate of leave of appeal on particular question of law mentioned in the leave, but it was rejected as not maintainable in SC and dismissed in limine, then can the appellant file for new certificate of leave of appeal from HC on new grounds - under section 151 CPC invoking Inenrent power of Court.

Answers (2)


247 votes

We will have to examine the order on what ground SC dismissed the appeal. If you have already filed leave of appeal before HC then you cannot file subsequent appeal as same will not be maintainable .

175 votes

We will have to examine the order on what ground SC dismissed the appeal. If you have already filed leave of appeal before HC then you cannot file subsequent appeal as same will not be maintainable .


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