Second application on the very same relief is not maintainable if the earlier application for the same relief was dismissed.

NEELAM MANMOHAN ATTAVAR

VERSUS

 MANMOHAN ATTAVAR (D) THROUGH LRS.

Miscellaneous Application No.42 of 2021, Decided on 8.02.2021.

Bench:  Dr. Dhananjaya Y Chandrachud & M.R Shah, JJ.

Facts: The present application has been preferred by the applicant/ petitioner herein to recall the order passed by the Supreme Court and the applicant has also prayed that one of the judges should recuse themselves from hearing this application.

Issue: Can the applicant file a second application for the very same relief if the earlier application for the same relief was dismissed?

Held:The Court while dismissing the application observed that earlier another application filed by the applicant for the very same relief as in the present application was dismissed, the second application for the same relief is not maintainable.

The Court also observed that a litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice and the prayer of the applicant that one of the judges should recuse himself from hearing this application is rejected by.