Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Second Appeal Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 : Second Appeal Second Appeal - Second Appellate Court - Power to interfere with findings of, facts - Suit for declaration of title of suit property and permanent injunction filed by Appellant-Plaintiff - Suit dismissed by Trial Court - Finding that plaintiff had not proved title to property of his father and was also not in possession - First appellate court granted the suit and reversed the judgment of trial court - In second Appeal High Court reversed the findings of facts and restored the judgment of trial court - Appeal by respondent-defendant before Supreme Court - Held - Second appellate court cannot interfere with the judgment of the first appellate court on the ground that the first appellate court had not come to close grips with the reasoning of the trial court - It is open to the first appellate court to consider the evidence adduced by the parties and give its own reasons for accepting the evidence on one side or rejecting the evidence on other side - It is not permissible for the second appellate court only on the ground that the first appellate court had not come to grips with the reasoning given by the appellate trial court - Impugned judgment of the High Court set aside. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao Hon'ble Mr. Justice N. Santosh Hegde |
Neutral Citation | 1999 INSC 213 |
Petitioner | Arumugham (dead) By Lrs. And Ors. |
Respondent | Sundarambal And Anr. |
SCR | [1999] 2 S.C.R. 950 |
Judgement Date | 1999-04-29 |
Case Number | 2709 |
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