Shiv Sarup Gupta vs Dr. Mahesh Chand Gupta on 30 July, 1999
In Shiv Sarup Gupta Vs. Dr. Mahesh
Chand Gupta (1999) 6 SCC 222 this Court made a comparative
study of the provisions contained in section 115 CPC in juxtaposition
with Section 25-B(8) of Delhi Act and held that the High Court cannot
appreciate or reappreciate evidence dictated by its mere inclination to
take a different view of the facts as if it were a court of facts. A
conclusion arrived at which is wholly unreasonable or is one that no
reasonable person acting with objectivity could have reached on the
material available, ignoring the weight of evidence, proceeding on a
wrong premise of law or deriving such conclusions from the
established facts as betray a lack of reason and/or objectivity would
render the finding 'not according to law' calling for an interference
under Section 25-B(8) proviso by the High Court.