Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -----Ss. 96, 114 & O. XLVII, Rr. 1, 7---Appeal against passed in review modifying original and decree---Maintainability---Where Court after grant of review considered the entire case afresh separately and passed fresh , then it would be a case of extinction of original and bringing into existence a new one, which could be appealed against on merits, irrespective of the fact whether the order granting review was challenged or not. Govinda v. Rangammal AIR 1929 Mad. 261 rel. Bhawani Prasad v. Laxmibai AIR 1919 Nag. 78 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 23, 34 & 54---Civil Procedure Code (V of 1908), Ss. 96, 114 & O.XLVII, Rr. 1, 7---Limitation Act (IX of 1908), Art.156---Appeal--­Limitation---Judgment and decree dated 6-12-1995 were silent as regards payment of interest---Court on review application filed by respondents modified and decree on 27-10-1996 and awarded interest also---Appellants in appeal challenged order passed in review dated 27-10-1996 and also quantum of compensation determined under dated 6-12-1995-­Appeal was dismissed as being barred by time---Contention of the appellants was that after grant of review, original ceased to have independent existence and fresh and decree came into existence, thus, period of limitation in filing appeal had to start from 27-10-1996 when on the basis of review modified was passed and not from 6-12-1995 when original was passed---Validity---Original and decree dated 6-12-1995 determining quantum of compensation having not been challenged by appellants, had become final---Order granting review was limited to grant of interest and to such extent original and decree had been modified---Appeal against modified part of original and decree was maintainable and not against the other. Govinda v. Rangammal AIR 1929 Mad. 261 rel. Bhawani Prasad v. Laxmibai AIR 1919 Nag. 78 ref. JUDGMENT MUNIR A. SHEIKH, J.-----This appeal by leave of the Court is directed against the judgment dated 3-7-1997 of Peshawar High Court, Abbottabad Bench, through which the appeal filed by the appellants against the order dated 27-10-1996 passed in review application filed by the…

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