http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

CASE NO.: Appeal (civil)  2900 of 2002

PETITIONER: VASANTI (D) BY LRS. & ORS

RESPONDENT: RAMULAL (D) BY LRS. & ORS

DATE OF JUDGMENT: 25/03/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT

O R D E R

CIVIL APPEAL NO. 2900 OF 2002

       This appeal has been preferred by the defendant against the order passed by the  High Court in Second Appeal reversing thereby the concurrent finding of facts recorded  by the two courts below.

       The sole question involved in this appeal is as to whether the name of the plaintiff ’s  father is Batti Lal or Lalmun.  The evidence recorded by the trial Court and by the first  appellate Court shows that the plaintiff was recruited in Telegraphs Workshop in 1946  after attaining the age of 20 years.  In that the plaintiff recorded his father’s name as  Batti Lal.  Other documentary evidence also shows that the name of the plaintiff’s father  is Batti Lal.  For the first time, the High Court has reversed the findings of fact recorded   by the two courts and held that the name of the plaintiff’s father is Lalmun. It is well  settled that in second appeal the High Court cannot interfere with findings of fact. ......2.

- 2 -

       We, accordingly, set aside the order of the High Court passed in Second Appeal and  restore the findings recorded by the trial Court and affirmed by the first appellate  Court.  The appeal is allowed. No costs.