IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5348 OF 2008 (Arising out of S.L.P. (C) No.4998 of 2007)

Laxmi Ram (Dead) By L.R. and Ors.        ...Appellant(s)

Versus

Bietshwar Singh Ors.       ...Respondent(s)

O  R  D  E  R

Application for substitution is allowed.

Leave granted.

Heard learned counsel for the parties.

By the impugned order, High Court has dismissed the second appeal on

the ground that no substantial question of law was involved therein.

Having heard the parties and perused the records, we are of the view that

High  Court  was  not  justified  in  observing  that  no  substantial  question  of  law  is

involved in the appeal.  In our view, the following substantial  questions of law do

arise in the second appeal:

“(2) Whether the findings of the trial court on issue No. (VII) that Pokhani inherited the property as her husband Bifan Ram was the last male holder in the branch of Rucha Ram is based on error of record in appreciating averments made in paragraph 18 of the written statement which read with  the  averment made in paragraph 10 of  the written statement  makes  out  a  clear  case  that  Bifan  Ram predeceased  his  father  Rucha  Ram,  therefore inadvertently  using  the words

....2/-

- 2 -

that  Bifan  was  the  last  male  heirs  becomes  meaningless read  with  the  further  continuous  statement  in  the  same sentence  that  Bifan  Ram was  the  last  male  heirs  in  the branch of Late Rucha Ram @ Rupa Ram who predeceased his  father  and  thereafter  Rucha  Ram  also  died  and thereafter entire property reverted back to the branch of Ramdhyan Ram?

(3) Whether the findings on issue No.(vii) is vitiated in law for  being  influenced  by  an  error  of  record  and  mis- appreciation  and  non-appreciation  of  evidences  on  the records as to who was the last male holder?”

The High Court should have framed the afore-mentioned substantial questions of law

and decided the same.

In view of this, the appeal is allowed, impugned order is set aside and the

second appeal is remanded to the High Court.  Upon such remand, the High Court

shall  first  frame the above-noted two substantial  questions  of  law and decide  the

second appeal afresh in accordance with law.

It is needless to say that in case the High Court is of the view that any other

substantial  question  of  law  is  involved  in  the  appeal,  such  question  may  also  be

framed and decided after giving opportunity of hearing to the parties.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, August 29, 2008.