Supreme Court · 1950 INSC 29 · Decided 14 November 1950
Sarju Pershad v. Raja Jwaleshwari Pratap Narain Singh
- Court
- Supreme Court of India
- Citation
- 1950 INSC 29 · [1950] 1 S.C.R. 781
- Case number
- CIVIL APPEAL No. 70/1949
- Decided
- 14 November 1950
- Bench
- MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA, SIR SYED FAZL ALI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
COURT REPORTS SARJU PERSHAD v. RAJA JWALESH\VARI PRATAP NARAIN SINGH AND OTHERS [SAIYID F AZL ALI, MEHR CHAND MAHAJAN and MUKHERJEA JJ.J 781 Practice-Appellate court-Finding of fact depending on credi­ bility of witnesses-Interference-Correct principle. When there is conflict of oral evidence which has escaped the trial judge's notice or there is a sufficient balance of improbability to displace his opinion as to where the credibility lies, the appel­ late court should not interfere with tho finding of the trial judge on a question of fact. It would not detract from tbe value to
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