IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 5877   OF 2008

[Arising out of SLP(C) No.1847/2005]

RAM KISHAN ... APPELLANT(S)

:VERSUS:

LALI ALIAS KRISHANA ... RESPONDENT(S)

O R D E R

Leave granted.

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 Judge.  

Indisputably, the 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.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, SEPTEMBER 26, 2008.