Meganathan vs Subbiah Gounder on 19 December, 2009
"11. It may be mentioned that the First Appellate Court under Section 96, C.P.C. is the last Court of facts. The High Court in Second Appeal under Section 100 C.P.C. cannot interfere with the findings of fact recorded by the First Appellate Court under Section 96, C.P.C. No doubt the findings of fact of the First Appellate Court can be challenged in Second Appeal on the ground that the said findings are based on no evidence or are perverse, but even in that case a question of law has to be formulated and framed by the High Court to that effect. In the present case no question was framed by the High Court as to whether the finding of the First Appellate Court that Ramayee and Lakshmi are one and the same person, is a finding based on no evidence or is perverse. Hence the findings of the First Appellate Court that Ramayee and Lakshmi are one and the same person, could not have been interfered with by the High Court.