1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL REVIEW PETITION NO.5/2002. IN S.B.CIVIL SECOND APPEAL NO.182/1995. R.S.R.T.C. & Others. VERSUS Shri Dharm Chand Sharma. 02.01.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.N.S.Chauhan on behalf of Mr.R.D.Rastogi, for the petitioners. Mr.Shiv Lal Verma, for the respondent-Workman. ***** This review petition has been filed against the judgment in the S.B.Civil Second Appeal No.182/1995 decided on 15.11.1996. Learned Single Judge while deciding the Second Appeal took note of the fact that the suit filed by the plaintiff- respondent Dharam Chand was partly decreed by the trial court vide judgment and decree dated 28.02.1990. The learned Single Judge in the judgment took into account the fact that against the judgment and decree dated 28.02.1990 partly decreeing the suit, the R.S.R.T.C., defendant-appellant did not prefer any appeal and only the plaintiff-respondent Dharam Chand, the Workman, had preferred a regular first appeal. Based upon the above assumption, the learned Single Judge decided the second appeal and dismissed the same on this ground rejecting the contention of the R.S.R.T.C., the defendant- appellant in the following manner:- “... This argument cannot be entertained as the 2 appellants did not file any appeal against the judgment and decree of the trial court. The judgment of the trial court became final....” It is submitted by the learned counsel for the petitioner that the above statement is not correct as in fact two appeals were preferred against the judgment and decree dated 28.02.1990, passed by the learned trial court, one being Civil Regular Appeal No.177/1990 preferred by Dharam Chand, the Workman and another being Civil Regular Appeal No.281/1996, preferred by the defendant-appellant R.S.R.T.C. In that view of the matter, the judgment and decree passed by this court suffers from error apparent on the face of record and consequently, I am inclined to accept this review petition and recall the judgment dated 15.11.1996. This review petition is consequently allowed. The S.B.Civil Second Appeal No.182/1995 shall be heard and decided afresh. (DALIP SINGH),J. Solanki DS, Jr.P.A.