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Ram Das Alias Ram Suraj vs Smt. Gadiabai & Ors on 20 November, 1996 cites

Bholaram vs Ameerchand on 13 March, 1981

In this connection he invited our attention to two decisions of this Court in the case of Madamanchi Ramappa & Anr. v. Muthaluru Bojjappa AIR 1963 SC 1633 and in the case of Bholaram v. Ameerchand (1981) 2 SCC 414 It is now well settled that on a question of fact the decision rendered by the lower Appellate Court is final and the High Court in exercise of its jurisdiction under Section 100, CPC cannot interfere with the findings of fact unless these findings are found to be vitiated in law. It is of course true that the Second Appeal of the plaintiff was filed in 1969 and it had to be decided according to the provisions of Section 100, CPC as applicable prior to their substitution by the new Section 100 as brought on the Statute Book by Civil Procedure Code Amendment Act, 1976 meaning thereby that the appellant in Second Appeal had not to show that the findings reached by the lower Appellate Court involved any substantial question of law. Still however it had to be shown that the findings reached by the lower Appellate Court involved any errors of law as laid down by Section 100(1)(a), (b) and (c) as were applicable prior to 1976. The said provisions as applicable prior to 1976 read as under:
Supreme Court of India Cites 2 - Cited by 205 - S M Ali - Full Document

Madamanchi Ramappa & Anr vs Muthalur Bojjappa on 29 March, 1963

In this connection he invited our attention to two decisions of this Court in the case of Madamanchi Ramappa & Anr. v. Muthaluru Bojjappa AIR 1963 SC 1633 and in the case of Bholaram v. Ameerchand (1981) 2 SCC 414 It is now well settled that on a question of fact the decision rendered by the lower Appellate Court is final and the High Court in exercise of its jurisdiction under Section 100, CPC cannot interfere with the findings of fact unless these findings are found to be vitiated in law. It is of course true that the Second Appeal of the plaintiff was filed in 1969 and it had to be decided according to the provisions of Section 100, CPC as applicable prior to their substitution by the new Section 100 as brought on the Statute Book by Civil Procedure Code Amendment Act, 1976 meaning thereby that the appellant in Second Appeal had not to show that the findings reached by the lower Appellate Court involved any substantial question of law. Still however it had to be shown that the findings reached by the lower Appellate Court involved any errors of law as laid down by Section 100(1)(a), (b) and (c) as were applicable prior to 1976. The said provisions as applicable prior to 1976 read as under:
Supreme Court of India Cites 4 - Cited by 172 - P B Gajendragadkar - Full Document
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