Case Note & Summary
The present second appeal was filed by the original defendants against the judgment and decree passed by the first appellate court, which had confirmed the trial court's decree in favor of the original plaintiff. The plaintiff had filed a suit for declaration of ownership and permanent injunction in respect of certain agricultural land. The trial court decreed the suit, and the first appellate court dismissed the appeal filed by the defendants. In the second appeal, the appellants contended that the findings of the courts below were perverse and based on misreading of evidence. The High Court, after hearing both sides at the admission stage, examined the record and found that the first appellate court had independently appreciated the evidence and recorded findings of fact. The court noted that the second appeal under Section 100 of the Code of Civil Procedure, 1908, is confined to substantial questions of law, and the concurrent findings of fact cannot be interfered with unless they are shown to be perverse or based on no evidence. The High Court held that no substantial question of law arose in the appeal and dismissed the same.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The court considered whether the second appeal raised any substantial question of law. Held that the findings of fact recorded by the first appellate court were based on proper appreciation of evidence and were not perverse, hence no interference was warranted (Paras 1-5).
Issue of Consideration
Whether the second appeal involves any substantial question of law warranting interference with the concurrent findings of fact recorded by the courts below.
Final Decision
The High Court dismissed the second appeal, holding that no substantial question of law arose and the concurrent findings of fact were not perverse.
Law Points
- Second appeal under Section 100 CPC
- substantial question of law
- concurrent findings of fact
- perversity
- appreciation of evidence
