Constitution of India — Article 136

August 6th, 2013

Constitution of India — Article 136 — Plea first time raised before Appellate court — Entertainment of, Permissibility — Appellant contended that suit property in fact belonged to Sumitra Devi though it was in the name of Rao Gajraj Singh and provisions of Benami Transfer (Prohibition) Act, 1988 had been referred to — Held, question whether the suit property in fact belongs to an individual i.e. whether he is a beneficial owner or is a benami, is a question of fact — There was no averment made in the plaint with regard to the allegation — No issue to the fact had been raised before the trial court — Issue had been raised for the first time before the appellate court and, the issue with regard to the fact could not have been raised before the appellate court for the first time and therefore, all submissions made in relation to the provisions of Benami Transfer (Prohibition) Act, 1988 and with regard to real ownership of the suit property cannot be looked into at this stage — Practice and Procedure — Plea first time raised before Appellate court — Entertainment of, Permissibility.

(Para 15)

Narinder Singh Rao v. AVM Mahinder Singh Rao[Bench Strength 2], Civil Appeal Nos. 6918-6919/2011(22/03/2013), 2013(5) SCALE 6: 2013(3) Supreme 190: 2013(4) SLT 187: 2013 AIR(SC) 1470: 2013(8) JT 364 [R.M. Lodha, J.: Anil R. Dave, J.]

Entry Filed under: Judgements