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HIGH COURTS REMINDED OF THEIR LIMITATIONS UNDER SECTION 100, CPC BY SUPREME COURT AGAIN

Team SoOLEGAL 14 Mar 2019 2:27pm

HIGH COURTS REMINDED OF THEIR LIMITATIONS UNDER SECTION 100, CPC BY SUPREME COURT AGAIN

The High Courts were reminded of their limitations while considering a second appeal under Section 100, Code of Civil Procedure. The Supreme Court delivered a judgment regarding this on 13th March 2019.

The substantial questions of law which were framed by the High Court in Gurnam Singh (D) by LRS and Ors v. Lehna Singh (D) by LRS were

1. Whether the Appellate Court can reverse the findings recorded by the learned trial court without adverting to the specific finding of the trial Court?

2. Whether the judgment passed by the learned lower Appellate Court is perverse and outcome of misreading of evidence?
The Court observed the following while holding that these questions do not stand as substantial questions of law:
"On going through the substantial questions of law framed by the High Court, we are of the opinion that the question of law framed by the High Court while deciding the second appeal, cannot be said to be substantial questions of law at all."
The bench, comprising of Justice L. Nageswara Rao and Justice MR Shah set aside the order of Punjab and Haryana High Court and said that:

"Despite the catena of decisions of this Court and even the mandate under Section 100 of the CPC, the High Courts under Section 100 CPC are disturbing the concurrent findings of facts and/or even the findings recorded by the First Appellate Court, either without formulating the substantial question of law or on framing erroneous substantial question of law." 

It was also held that the High Courts are not in a position to re-appreciate the evidence on record and interfere with the findings recorded by the Courts below and/or the First Appellate Court. If the First Appellate Court has exercised its discretion in a judicial manner its decision cannot be recorded as suffering from an error either of law or of procedure requiring interference in Second Appeal.

Tagged: SupremeCourt   Limitation   HighCourt   CodeOfCivilProcedure   Section100   JusticeMRShah   JusticeNageswaraRao  
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