SUSHIL KUMAR SEN versus STATE OF BIHAR

SUSHIL KUMAR SEN versus STATE OF BIHAR

Since the review was wrongly allowed and no appeal was preferred against the original decree awarding compensation at Rs. 200/- per katha, the decree passed on 18-8-1961 is revived and becomes final; appeals against the reviewed decree alone are not sufficient to disturb it.

Parties
Appellant: Sushil Kumar Sen; Respondent: State of Bihar
Jurisdiction
India
Judgment Date
17 March 1975
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment Dated 16th February 1968 in Appeal for Original Decree No. 81 of 1962
Outcome
appeal allowed
Legal Topics
Compensation, Review, Appeal, Finality of Decrees
Land Acquisition Civil Procedure Compensation Review Appeal Finality of Decrees

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Parties

Sushil Kumar Sen

Appellant

State of Bihar

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment Dated 16th February 1968 in Appeal for Original Decree No. 81 of 1962

Legal Issues

  1. 1 Effect of appellate court holding an order on review not maintainable
  2. 2 Finality and revival of decrees after review is set aside

Ratio Decidendi

Since the review was wrongly allowed and no appeal was preferred against the original decree awarding compensation at Rs. 200/- per katha, the decree passed on 18-8-1961 is revived and becomes final; appeals against the reviewed decree alone are not sufficient to disturb it.

Court Disposition

appeal allowed

Orders

  • Judgment and decree of Patna High Court set aside.
  • Decree of the Additional District Judge dated 18-8-1961 awarding compensation at Rs. 200/- per katha restored.