Supreme Court · 2007 INSC 908 · Decided 11 September 2007
Krishnan v. Backiam and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 908 · [2007] 9 S.C.R. 901
- Case number
- CIVIL APPEAL No. 3713/2001
- Decided
- 11 September 2007
- Bench
- A.K. MATHUR, MARKANDEY KATJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96, 100; Evidence Act Section 68
Headnote
AND ANR. SEPTEMBER 11, 2007 (A.K.MATHURANDMARKANDEYKATJU,JJ.l B Code of Civil Procedure, 1908-s. JOO-Second appeal-Scope of­ Held: High Court in second appeal cannot interfere with finding of fact recorded by First Appellate Court uls 96 CPC-Finding of fact though can C be challenged in 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 D to him by the owner of the property
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