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Moti Lal & others v. Ram Lochan & others - SECOND APPEAL No. 414 of 1996 [2005] RD-AH 4496 (20 October 2005)


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Hon. Dilip Gupta, J.

 The only issue raised by the learned counsel for the appellants in the present Second Appeal is that the courts below committed manifest error of law in granting relief to the plaintiffs beyond the relief claimed by them. In this connection, it is to be seen that in the First Appeal the appellants did not raise this issue at all and neither was any issue raised before the Ist Appellate Court during the course of the arguments as is apparent from a perusal of the judgment.

Learned counsel for the appellants submitted that though this issue was raised during the course of the arguments but it was not taken note of. I am not inclined to accept this contention because in such circumstances, it was for the appellants to have moved an appropriate application before the Ist Appellate Court pointing out the aforesaid fact but this was not done by the appellants. Thus the issue raised by the appellants cannot be gone into this Second Appeal.

The Second Appeal is, accordingly, dismissed as no substantial question of law arises in it. The interim order, if any, stands vacated.

There shall be no order as to costs.

Dt/- 20.10.2005



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