JUDGMENT :

Ashok Bhushan, J.

Leave granted

2. This appeal has been filed against the judgment of the High Court of Uttarakhand dated 13.12.2018 allowing the Writ Petition (M.S.) No. 418 of 2008 filed by respondent No.1 as well as the order dated 24.05.2019 rejecting the Review Petition filed by the appellant to review the judgment dated 13.12.2018.

3. The facts of the case giving rise to this appeal, which are relevant for deciding the issues raised, need to be carefully noticed. The High Court in the impugned judgment although has noted few facts but certain relevant facts have been missed by the High Court which have bearing on the issues which had arisen before the High Court.

4. The facts of any case are the foundation on which the dispute between the parties arises. The arguments are built by the counsel for the parties in reference to the foundational facts for applying the legal principles to decide the dispute. A clear grasp of foundational facts are essential. The law is applied on facts and when essential facts are missed, mis-application of law is bound to happen. We may recall prophetic words of Mr. Justice Cardozo when he said: -

"...More and more we lawyers are awakening t