Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908-s. JOO-Second appeal-Scope of- Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s. 100 - Second appeal - Scope of - Held: High Court in second appeal cannot interfere with finding of fact recorded by First Appellate Court u/s 96 CPC - Finding of fact though can be challenged in second appeal on the ground that the same is perverse or based on no evidence - But not without framing question to that effect - In the facts of the case, no such question was formulated by High Court - Hence interference of the High Court with the finding of fact by First Appellate Court, not permissible. Appellant-plaintiff filed a suit for declaration and injunction against respondent-defendant alleging that the land in question had been mortgaged to him by the owner of the property 'R' (alias 'L'). Thereafter, the land was sold to him by a sale deed. The sale deed was later rectified by another sale deed. Defendant contested the suit alleging that the owner of the land was 'R' and he is assisting her in cultivating the land; and that the three documents were forged. The suit was dismissed. First appeal was decided in favour of the appellant holding that 'R' and 'L' are one and the same person; that the sale deed was proved by PWs 3 and 1; and that the burden to prove the documents as forged was on the defendant. High Court allowed the second appeal thereagainst. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2007 INSC 908 |
Petitioner | Krishnan |
Respondent | Backiam And Anr. |
SCR | [2007] 9 S.C.R. 901 |
Judgement Date | 2007-09-11 |
Case Number | 3713 |
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