Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Though not formulated earlier, can be formulated at the time of hearing of second appeal - Since it is so formulated, second appeal is entertainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact by Courts below about relationship - Not open to challenge in second appeal...........
Civil Procedure Code, 1908, Section 100, 35B -- Plea that trial Court had not given option to appellant to purchase the share of added respondents by specifically passing order for making deposit of assessed price within a specified time - Respondents who have purchased and are owners of 778th share of property, not in possession and being continuously denied its use and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Concurrent finding of fact revealed healthy position of deceased's heart at the time of taking of policy - Finding supported by certificate of doctor - Another certificate disbelieved by cogent reasons - No substantial question of law involved - No interference in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Courts below rejected and disbelieved evidence on ground that propounder had not properly discharged the burden - Held, it is the duty of High Court to see whether reasons given by Courts below were sustainable in law - High Court had rightly gone into question and found that reasons given by Courts below were..........
Civil Procedure Code, 1908, Section 100 -- Non consideration of material evidence is a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Question of fact -Decision rendered by the lower Appellate Court is final and the High Court in exercise of its jurisdiction under S.100 CPC cannot interfere with the findings of fact unless these findings are vitiated in law...........
Civil Procedure Code, 1908, Section 100 -- Interference with the concurrent findings of the Courts below by the High Court- Must be avoided unless warranted by compelling reasons - In any case, the High Court is not expected to re-appreciate the evidence just to replace the findings of the lower Courts...........
Civil Procedure Code, 1908, Section 100 -- Second appeal When Courts below committed a grave irregularity or patent illegality in interpreting the document or by ignoring the facts which can change the fate of the case altogether, High Court in second appeal can invoke its powers...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Wrong, impiroper or illegal construction of a document raises question of law - Such a finding can be resolved in second appeal...........
