R.A.No. 11-C of 2009
in RSA No. 2812 of 1995 1
In the High Court for the States of Punjab and Haryana at Chandigarh
...
R.A.No. 11-C of 2009
in RSA No. 2812 of 1995
Date of decision: February 26 ,2009
Lakhmir Singh ..Appellant.
Versus
Partap Singh and others
..Respondents
Coram: Hon'ble Mr.Justice Rakesh Kumar Garg
Present: Mr. A.K.Jain, Advocate
for the applicant-appellant.
...
Rakesh Kumar Garg,J.
This review application has been filed by the applicant-appellant on
the ground that the findings of this court on the second question of law as raised
by the learned counsel for the appellant is erroneous as the facts regarding the
earlier suit filed by the plaintiff-respondent was on the record.
I have heard learned counsel for the applicant.
It has been very fairly stated by the learned counsel for the
applicant-appellant that the question was raised by the appellant for the first time
in his grounds of appeal before this court when the fact came to his knowledge
and there are no pleadings with regard to these facts before the trial.
The Hon’ble Supreme Court of India in the case of Bachhaj Nahar
Versus Nilima Mandal and another JT 2008 (13) SC 255 held as under:-
” No amount of evidence can be looked into, upon a plea which
was never put forward in the pleadings. A question which did arise
from the pleadings and which was not the subject matter of an
issue, cannot be decided by the court.”
R.A.No. 11-C of 2009
in RSA No. 2812 of 1995 2
For the reasons recorded above, I find no ground to review my
judgment dated 21.11.2008.
Dismissed.
February 26, 2009 (RAKESH KUMAR GARG)
nk JUDGE