SUSHIL KUMAR SEN vs STATE OF BIHAR

The Supreme Court held that an application for review vacates the prior decree, thus the appeal filed by the respondent against the decree dated 18-8-1961 was invalid as it had been superseded by the decree dated 26-9-1961. The Court found that the High Court erred in dismissing the cross appeal challenging the maintainability of the review petition, as the original decree awarding compensation at Rs. 200 per katha was revived and had become final due to lack of appeal against it. The appeal was allowed, reinstating the original compensation amount.