Supreme Court · 2019 INSC 356 · Decided 13 March 2019
Gurnam Singh (D) BY LRS. & ORS. v. Lehna Singh (D) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 356 · [2019] 4 S.C.R. 1084
- Case number
- CIVIL APPEAL No. 6567/2014
- Decided
- 13 March 2019
- Bench
- L. NAGESWARA RAO, M.R. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100, 96
Headnote
Code of Civil Procedure, 1908: s. 100 - Second appeal - Scope of - Suit for perpetual injunction - Trial Court decreed the suit - First Appellate Court dismissed the suit - High Court in second appeal, after re-appreciating the evidence decreed the suit - of High Court to entertain second appeal u/s. 100 is confined only to such appeals which involve 'a substantial question of law' - High Court cannot substitute its own opinion for that of the lower court unless it finds that the conclusions drawn by the lower court
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