T. Thimmaiah (D) By Lrs. vs Venkatachala Raju (D) By Lrs.

The Supreme Court held that the review order dated 26th February 2001, which dismissed the appellant's suit, was unjustified as it involved a complete reappreciation of facts, contrary to the principles of Order 47 Rule 1 of the Code of Civil Procedure. The Court emphasized that a review should not be based on a reconsideration of the same facts already examined. Consequently, the Court set aside the review order and dismissed the appeal in the suit, allowing the respondent the liberty to challenge the earlier judgment if desired.