Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings recorded by both the Courts below on all disputed aspects involved in the lis, being pure findings of fact, same do not require any interference in second appellate jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Raising of a new plea at the second appellate stage would not be proper and that would not give rise to a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence to arrive at a different conclusion is quite restricted in exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - An inference of fact from the recitals or contents of document is a question of fact - But legal effect of term of a document is a question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - When there is mis-construction of a document or wrong application of principle of law in constructing a document, it gives raise to question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - If judgment of first Appellate Court is based on no evidence or misreading the evidence or is recorded against any provision of law without acting judicially, such ground can constitute a substantial question of law within the meaning of S.100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Wrong finding of fact is not sufficient to constitute a question of law...........
