RSA No. 308 of 2008. 3.12.2008 Present: Mr. N.K.Thakur, Advocate for the appellants. Mr. Rajiv Rai, Advocate, for the respondent No. 1. When this case was taken up for hearing by this Court, learned counsel appearing for the appellants drew my attention to the grounds of appeal in which one of the grounds raised was that in the case of non-grant of relief as prayed for in the plaint, the appellant would suffer irreparable loss and injury, as the house of the appellant faced imminent damage and danger of collapsing. Learned counsel submits that this point was urged before the learned Appellate Court, which has not taken this into consideration nor rendered any decision thereon. The record of the Appellate Court cannot be controverted in Second Appeal. The remedy of the appellant, if any, would be to move for review before the learned District Judge bringing this fact to its notice. In view of the submissions made by the learned counsel, the matter is remanded to the learned District Judge, who shall, on a proper application having been moved by the appellant, re-consider this fact. The appeal is accordingly disposed of, so also the pending application(s), if any. No order as to costs. (Dev Darshan Sud) December 3, 2008 Judge. (ks)