Case Note & Summary
The case is a second appeal arising from a suit for possession and mesne profits filed by the original plaintiff Bajirao Amrit Shinde (since deceased, represented by legal representatives) against the original defendants Vishwanath Ambadas @ Ambarao Ghare and Jagannath Ambadas @ Ambarao Ghare (since deceased, represented by legal representatives). The suit pertained to agricultural land. The trial court decreed the suit in favor of the plaintiff, and the first appellate court confirmed that decree. Aggrieved, the defendants filed the present second appeal under Section 100 of the Code of Civil Procedure, 1908. The appeal was admitted on 19/04/1988 without formulation of any substantial question of law. When the matter was heard on 30/10/2014, the court noted that since no substantial question of law was framed at the time of admission, it was necessary to first determine whether any substantial question of law arose in the appeal. The court heard arguments from both sides. The appellants' counsel contended that the findings of the courts below were perverse and against the evidence. The respondent's counsel supported the concurrent findings. The court examined the record and found that the findings of fact recorded by both courts were based on proper appreciation of evidence and were not perverse. The court held that no substantial question of law arose for consideration in the second appeal. Consequently, the second appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100, Code of Civil Procedure, 1908 - The court considered whether the appeal admitted without formulation of substantial question of law could be heard on merits - Held that the court must first determine if any substantial question of law arises; if none, the appeal must be dismissed (Paras 2-3).
Issue of Consideration
Whether the second appeal raises any substantial question of law under Section 100 of the Code of Civil Procedure, 1908, warranting interference with the concurrent findings of the courts below.
Final Decision
Second appeal dismissed with no order as to costs.
Law Points
- Second appeal under Section 100 CPC
- substantial question of law
- concurrent findings of fact
- no interference unless perverse or erroneous in law
