Wednesday, 28 September 2011

Code of Civil Procedure, 1908 (V of 1908)

Section 100 – Second Appeal – Power of -- High Court cannot interfere with the findings of learned lower first appellate court on facts but when the findings are the outcome of misreading of document, and perverse, being contrary to the settled law then the High Court under section 100 of the Code can always interfere, as interpretation of a document is a question of law. Smt.Gejo (dead) through LRs. v. Kanwar Raj Singh (dead) through LRs. & Others, 2011(1) L.A.R. 257 (P&H).

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