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by Admin
07 May 2024 2:49 AM
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.
