Published on : 09 Oct 2025, 2:42 pm 6 min read
The maintainability of a second Special Leave Petition (SLP) against the same order presents one of the most frequently encountered yet contentious procedural questions before the Supreme Court. The legal principles governing this issue have evolved through various precedents, creating a complex matrix of rules that require careful analysis to understand the current state of law.
This procedural complexity arises from the intersection of constitutional remedy access under Article 136 with statutory withdrawal provisions and public policy considerations aimed at ensuring litigation finality.
The Upadhyay & Co doctrine: Foundation of the withdrawal bar
The seminal principle governing unconditional withdrawal of SLPs was established i