Ram Kishan Vs. Lali @
Krishana(D) Thr. LRS.  INSC 1652 (26 September 2008)
JURISDICTION CIVIL APPEAL NO. 5877 OF 2008 [Arising out of SLP(C) No.1847/2005]
RAM KISHAN ... APPELLANT(S) :VERSUS:
The primary question
involved in the suit filed by the respondent herein was as to whether she was
the daughter of Molhar. That was the first issue framed by the learned Trial
said issue was determined in favour of the appellant and against the respondent
by both the learned Trial Judge and the First Appellate Court.
The High Court framed
the following question to be the substantial question of law involved in the
second appeal preferred by the respondent herein:
"Whether it has been
proved from evidence that the appellant is the daughter of Molhar? .2.
By reason of the
impugned judgment, the High Court has entered into evidence adduced on behalf
of the parties and reversed the findings of fact arrived at by the Courts
below. It was, in our opinion, impermissible, as ex-facie the question
formulated by the High Court at the time of the admission of the appeal was not
a substantial question of law.
For the reasons
aforementioned, the impugned judgment cannot be sustained and it is set aside
accordingly. The appeal is allowed.
However, in the facts
and circumstances of this case, there shall be no order as to costs.