1975 (3) TMI 137

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..... The Land Acquisition Officer by his award dated 12-10-1957 gave compensation at the rate of Rs. 14/- per katha for the land. The total compensation including the value of trees and other improvements came to Rs. 6,775.22p. The appellant was dissatisfied with the award. He filed an application before the Land Acquisition Collector for referring the matter to the District Court under s. 18 of the Land Acquisition Act claiming compensation for the lands at the rate of Rs. 500/- per katha. The case was referred and the Additional District Judge, Purnea by his judgment dated 18-8-1961 found that the appellant was entitled to com- pensation for the land acquired at the rate of Rs. 200/- per katha and also made certain other modifications in the....

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....ertaining the review and vacating (he judgment and decree dated 18-8-1961 but, nevertheless, it considered the appeal filed by the respondent on merits and dismissed the appeal and cross appeal thereby maintaining the compensation awarded for the land at the rate of Rs. 75/- per katha by the judgment and decree dated 26-9-1961 of the Additional District Judge. This 'appeal, on the basis of a certificate, is directed against the decree of the High Court, It is well settled that the effect of allowing an application for review of a decree, is to vacate, the decree passed. The decree that is subsequently passed on review, whether it modifies, reverses or confirms the decree originally passed, is a new decree superseding the original one (s....

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....the appeal, which was, and could only be against the decree passed on 26-9-1961 after the review. We therefore set aside the judgment and decree passed by the High Court and allow the appeal. The effect of this judgment would be to restore the decree passed by the Additional District Judge on 18-8-1961. We make no order as to costs. KRISHNA IYER, J.-I concur regretfully with the result reached by the infallible logic of the law set out by my learned brother Mathew J. The mortality of justice at the hands of law troubles a Judge's conscience and points an angry interrogation at the law reformer. The processual law so dominates in certain systems as to overpower substantive rights and substantial justice. The humanist rule that proc....