Case Note & Summary
The case involves a second appeal filed by the legal representatives of the original plaintiff against the judgment and order dated 23/11/2018 passed by the learned Ad-hoc District Judge-1, Kelapur, dismissing Regular Civil Appeal No.8/2013. The original plaintiff had filed a suit for declaration of title and possession over certain property. The trial court dismissed the suit, and the first appellate court confirmed that decision. The appellants, being the legal representatives of the deceased plaintiff, challenged the concurrent findings in the second appeal. The High Court, after hearing the parties, found that no substantial question of law arose for consideration. The court noted that the findings of fact recorded by the courts below were based on evidence and were not perverse. The appeal was dismissed, upholding the concurrent findings.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 Code of Civil Procedure, 1908 - The court reiterated that in a second appeal, interference with concurrent findings of fact is permissible only if the findings are perverse or based on no evidence, or if there is a substantial question of law. The appellant failed to demonstrate any such error, and the appeal was dismissed. (Paras 1-4)
Issue of Consideration
Whether the second appeal under Section 100 of the Code of Civil Procedure, 1908 involves any substantial question of law warranting interference with the concurrent findings of fact recorded by the courts below.
Final Decision
The second appeal is dismissed. No order as to costs.
Law Points
- Second appeal
- substantial question of law
- concurrent findings of fact
- Section 100 CPC
- interference limited to perversity or jurisdictional error
Case Details
2022 LawText (BOM) (03) 91
Second Appeal No. 208 of 2019
Shri A. V. Bhide for appellants, Shri M. L. Chouhan for respondent Nos.1 and 2
Narhari s/o Shrawan Moon (deceased) through LRs: Ramesh s/o Narhari Moon (deceased) through LRs Smt. Laxmi Ramesh Moon, Sau. Shrunkhala Abhijeet Thakare, Avinash s/o Narhari Moon, Rajesh s/o Narhari Moon, Sushila w/o Amrutrao Dange, Mrs. Sunanda w/o Vitthal Kamble, Mrs. Saroj Dayal Patil, Savita w/o Ashok Kamble
Silas s/o Kannobaji Punwatkar, Mrs. Nalini w/o Babarao Tenpe, Mrs. Vijay w/o Shankarrao Khade
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Nature of Litigation
Second appeal against dismissal of regular civil appeal in a suit for declaration of title and possession.
Remedy Sought
Appellants sought to set aside the judgment and order dated 23/11/2018 dismissing Regular Civil Appeal No.8/2013 and to restore the suit.
Filing Reason
The original plaintiff's suit for declaration of title and possession was dismissed by the trial court and the first appellate court confirmed the dismissal.
Previous Decisions
Trial court dismissed the suit; first appellate court dismissed Regular Civil Appeal No.8/2013 on 23/11/2018.
Issues
Whether the second appeal involves any substantial question of law under Section 100 CPC.
Submissions/Arguments
Appellants argued that the findings of the courts below were perverse and against the evidence.
Respondents supported the concurrent findings and submitted that no substantial question of law arises.
Ratio Decidendi
In a second appeal under Section 100 CPC, the High Court can interfere with concurrent findings of fact only if they are perverse or based on no evidence, or if a substantial question of law is involved. The appellant failed to demonstrate any such ground, hence the appeal was dismissed.
Judgment Excerpts
Heard.
Admit.
Heard finally with the consent of learned counsel for the parties.
This appeal is filed by the legal representatives of original plaintiff against the Judgment and order dated 23/11/2018 passed by the learned Ad-hoc District Judge-1, Kelapur, whereby the learned District Judge was pleased to dismiss Regular Civil Appeal No.8/2013.
Procedural History
The original plaintiff filed a suit for declaration of title and possession. The trial court dismissed the suit. The plaintiff filed Regular Civil Appeal No.8/2013, which was dismissed by the learned Ad-hoc District Judge-1, Kelapur on 23/11/2018. The legal representatives of the deceased plaintiff then filed the present second appeal under Section 100 CPC.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100
