Ramesh Chandra (Dead) Thr Lrs (A) ... vs Sandeep Kumar
2025 Latest Caselaw 6737 MP

Madhya Pradesh High Court

Ramesh Chandra (Dead) Thr Lrs (A) ... vs Sandeep Kumar on 17 June, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

                          NEUTRAL CITATION NO. 2025:MPHC-GWL:12084


                                                                  1                    RP. No. 1492 of 2024

                               IN   THE     HIGH COURT                OF MADHYA PRADESH
                                                       AT GWALIOR
                                                             BEFORE
                                         HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                  ON THE 17th OF JUNE, 2025

                                             REVIEW PETITION No. 1492 of 2024

                                RAMESH CHANDRA (DEAD) THR LRS (A) RAVISHANKAR AND
                                                    OTHERS
                                                     Versus
                                          SANDEEP KUMAR AND OTHERS


                          Appearance:
                          Shri Abhishek Singh Bhadauria - Advocate for petitioners.
                          Shri Anmol Khedkar- Advocate for respondents No.1 to 4.
                          Shri Prashant Sharma- Advocate for respondent No.5.


                                                              ORDER

This application, under Order 47 Rule 1 CPC, has been filed for review of judgment dated 29.11.2024 passed by co-ordinate Bench of this Court in Second Appeal No.560/2009. Since the Hon'ble Judge who has passed the order in review has already demitted his office and as per the roster all the review petitions are to be listed before this Court, therefore, this case has come before this Court.

2. A specific argument was raised by counsel for applicants that the trial court had held that the sale deed dated 26.04.2001 and the Will executed in

NEUTRAL CITATION NO. 2025:MPHC-GWL:12084

favour of Smt. Meera Bai/defendant No.2A was not proved. It is the case of applicants that this finding given by the Trial Court was never set aside by the Appellate Court. Even the High Court did not frame any substantial question of law in respect of Will executed in favour of Smt. Meera Bai-defendant No.2A. However, the co-ordinate Bench of this Court in paragraph 11 has held that Sukhnandan had executed a Will in favour of Smt. Meera Bai-defendant No.2A. It is submitted that if High Court wanted to reverse the findings given by the trial court then it should have framed the substantial question of law. Since the vital findings have been reversed without framing any substantial question of law, therefore, there is an error apparent on the face of record.

3. Counsel for respondents could not point out that whether the Appellate Court had reversed the findings given by the Trial Court in respect of Will executed by Sukhnandan in favour of Smt. Meera Bai-defendant No.2A or not.

4. Heard learned counsel for the parties.

5. The Second Appeal has to be heard on the substantial questions of law and if the Court is of the view that some other substantial question of law also arises in the matter which has not been framed then in exercise of power under Section 100(5) of CPC, the Court can frame additional substantial questions of law.

6. In the present case, no substantial question of law in respect of Will executed in favour of Smt. Meera Bai-defendant No.2A was ever framed. Thus, any finding given in that regard was contrary to the basic procedure for deciding the Second Appeal.

7. The High Court can decide the second appeal only after framing the substantial questions of law. In the present case, the relevant substantial question of law touching the question of validity of Will was never framed. Under these circumstances, this Court is of considered opinion that there is an error apparent

NEUTRAL CITATION NO. 2025:MPHC-GWL:12084

on the face of record requiring recall of entire judgment dated 29.11.2024 passed in Second Appeal No.560/2009. Accordingly, this review petition is allowed. Judgment dated 29.11.2024 passed in Second Appeal No.560/2009 is hereby recalled. Second Appeal No.560/2009 is restored to its original file.

8. Review petition, accordingly, stands allowed and disposed of.

9. The record of the courts below has already been sent back, therefore, the office is directed to immediately requisition the record of the courts below.

10. List Second Appeal No.560/2009 on 15.07.2025 for final hearing at motion stage.

(G.S. Ahluwalia) Judge pd