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Pawan Kumar Gupta vs Rochiram Nagdeo on 20 April, 1999

3. Pawan Kumar Gupta v. Rochiram Nagdeo, it has been held that the decision as to whether a particular transaction is a benami transaction or not is a question of fact and the High Court should be loathe to interfere under Section 100, C.P.C. It has been further observed by the Supreme Court and several High Courts in cases that the High Court while exercising jurisdiction under Section 100 CPC cannot reverse the findings of the lower appellate court on facts merely on the ground that on the facts found by the lower appellate court another view was possible.
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