SHARANAPPA H A Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) 1. This is a petition filed under Order 47 Rule 1 C.P.C. for a review of the judgment and decree dated 7-4-1986 passed in Regular Second Appeal No. 218 of 1986.

(2.) Two points arise for consideration in this Civil Petition and they are (1) whether, in the facts and circumstances of of this case, the explanation to Order 47 Rule 1 of the C.P.C. is a bar; and (2) whether a petition for review of a judgment passed by another learned Judge of the same High Court is maintainable.

(3.) The relevant facts are that an appeal in R.S.A. No. 218 of 1986 was preferred by the 1st respondent against the judgment and decree dated 16-10-1984 passed in Regular Appeal No. 69 of 1983 by the Civil Judge, Davangere, dismissing the appeal and confirming the judgment and decree dated 28-7-1983 passed in Original Suit No. 455 of 1981 on the file of the Munsiff, Davangere The appeal came up for admission on 7-4-1986 before a learned Judge of this Court who has since retired from service. The appeal was admitted in order to consider the following substantial question of law :