Supreme Court · 2002 INSC 385 · Decided 13 September 2002
Rattan Dev v. Pasam Devi
- Court
- Supreme Court of India
- Citation
- 2002 INSC 385 · [2002] SUPP. 2 S.C.R. 394
- Case number
- CIVIL APPEAL No. 5838/2002
- Decided
- 13 September 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: s. l 00-Second appeal-Substantial question of law-Suit for permanent C injunction-Special power of allorney and other witnesses for the plaintiff examined but not the plaintiff-Suit decreed-First appellate court drew adverse inference against plaintiff for not findings of fact and there did not arise any substantial question of D law-Held, first appellate court was bound to apply its mind to all evidence available on record along with the fact of non-examination of the plaintiff and then test legality of the findings of trial court-The manner in
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