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

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