Not interfere with the findings of fact recorded after appreciation of evidence merely because the High Court thought that another view would be a better view U/S 100 C.P.C - SC

07 May 2024 8:19 AM

By: Admin

Section 41 0f Punjab Court Act – Section 100 C.P.C - jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous – findings of fact will also include the findings on the basis of documentary evidence - jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact.

Section 100 C.P.C – Second Appeal - not interfere with the findings of fact recorded after appreciation of evidence merely because the High Court thought that another view would be a better view. High Court's findings – which are based entirely on the reappreciation of the record – and consequent interference with the concurrent findings of the lower courts, cannot be upheld - Judgement set aside - Appeal allowed

September 29, 2021

AVTAR SINGH & ORS. VERSUS BIMLA DEVI & ORS.