( 1 ) NO orders are necessary on C. M. No. 140/94 filed under Section 5 of the Limitation Act in this case.

( 2 ) THIS Letters Patent Appeal is filed against the order of the learned Single Judge dated 10. 8. 94 refusing to review the judgment dated 8. 1. 87 passed in the suit by the trial Judge holding the suit to be not maintainable. Review application was rejected on the ground that the first appeal preferred by the plaintiff against the judgment dated 8. 1. 87 in the suit was dismissed by a Division Bench of this Court on 18. 8. 87 before this Review application - though filed before the first appeal was preferred - is taken up for disposal. In other words, the review of the judgment in suit was refused because the regular appeal preferred against the judgment was itself dismissed on 18. 8. 87 before the review application came up for dis- posal 1994. It was held that the fact that the review was preferred earlier than the first appeal made no difference. The learned trial Judge followed the decision of the Supreme Court in Thungabhadra Industries vs. Government ofa. P. (AIR 1964 SC 1372) and in particular on the following observations therein:

". . . . THAT if bef