Sh. Budhi Ram vs Smt. Sunita and Others

Kuldip Singh, J.—This review petition has been filed against the judgment dated 10.5.2011, passed in RSA No. 114 of 2001. It has been contended on behalf of the petitioner that in the judgment, it has not been appreciated that custom has not been pleaded by the respondents, in accordance with law. In the written statement, the alleged date of marriage of Smt. Suhanru with Sh. Dila Ram has not been pleaded. The evidence led by the respondents is beyond the scope of the pleaded case of the respondents in the written statement. The appellant is the only heir of Sh. Dila Ram and Smt. Suhanru has not appeared as a witness.

R.S.A. No. 114 of 2001 was admitted on substantial questions of law No. 1 and 2 noticed and decided in the judgment dated 10.5.2011. The second appeal is to be decided on the substantial questions of law. The scope of second appeal confines to only substantial questions of law. In case any additional substantial question of law is to be framed then the steps are to be taken during the pendency of the second appeal and not after the decision of the second appeal by way of review petition. The contentions now sought to be raised by the learned counsel for the petitioner in the review petition are not available to the petitioner for reviewing the judgment dated 10.5.2011. There is no error apparent on the face of the record in the judgment dated 10.5.2011. The review petition is dismissed.

The pending ''applications(s), if any, are also disposed of.