Supreme Court · 2022 INSC 952 · Decided 13 September 2022
M/S. Shivali Enterprises v. SMT. Godawari (Deceased) THR. LRS. and Others
- Court
- Supreme Court of India
- Citation
- 2022 INSC 952 · [2022] 11 S.C.R. 273
- Case number
- CIVIL APPEAL No. 8904/2010
- Decided
- 13 September 2022
- Bench
- BHUSHAN RAMKRISHNA GAVAI, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 92
Headnote
Punjab Courts Act, 1918: s. 41 - Second Appeals - Jurisdiction of the High Court under - Held: Second appeal is not a forum where the court is to re-examine or re-appreciate the question of fact settled by the trial court or the appellate court - Though in view of s.41, it a substantial question of law, the jurisdiction of the High Court under second appeal cannot be exercised for re-appreciation of evidence - Jurisdiction u/s. 41 would be available only when there is a substantial error or defect in the procedure provided by the CPC or by any other law for
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)