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
September 29, 2021
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
AVTAR SINGH & ORS.
VERSUS
BIMLA DEVI & ORS.
