Supreme Court · 2010 INSC 345 · Decided 5 July 2010
M/S. Bhanwarlal Dugar & ORS. v. Bridhichand Pannalal & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 345 · [2010] 7 S.C.R. 403
- Case number
- CIVIL APPEAL No. 4889/2010
- Decided
- 5 July 2010
- Bench
- B. SUDERSHAN REDDY, S.S. NIJJAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96, 115
Headnote
Code of Civil Procedure, 1908: s.96 - Appeal from original decree - Scope of- HELD: A B c A regular first appeal is a rehearing of the suit and the appellate court is bound to appreciate the evidence on record and arrive at its own conclusion - In the instant case, the appellate to exercise its appellate jurisdiction as it copied verbatim the judgment of trial court D without any independent application of mind and appreciation of evidence - Rent Control and Eviction. · s. 115 - Revisional jurisdiction of High Court - HELD: High Court cannot re-appreciate the
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