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1 - 10 of 11 (0.26 seconds)Section 96 in The Code of Civil Procedure, 1908 [Entire Act]
Pargat Singh And Others vs Lehna Singh And Others on 29 September, 2022
"13.1.......However, in Second Appeal under Section
100 of the CPC, the High Court, by impugned judgment
and order has interfered with the Judgment and Decree
passed by the First Appellate Court. While interfering
with the judgment and order passed by the first
Appellate Court, it appears that while upsetting the
judgment and decree passed by the First Appellate
Court, the High Court has again appreciated the entire
Signature Not Verified
Signed by: VINDESH
RAIKWAR
Signing time: 15-Jan-26
6:43:07 PM
NEUTRAL CITATION NO. 2026:MPHC-IND:1325
5 SA-1036-2025
evidence on record, which in exercise of powers under
Section 100 CPC is not permissible. While passing the
impugned judgment and order, it appears that High
Court has not at all appreciated the fact that the High
Court was deciding the Second Appeal under Section
100 of the CPC and not first appeal under Section 96 of
the CPC. As per the law laid down by this Court in a
catena of decisions, the jurisdiction of High Court to
entertain second appeal under Section 100 CPC after the
1976 Amendment, is confined only when the second
appeal involves a substantial question of law. The
existence of 'a substantial question of law' is a sine qua
non for the exercise of the jurisdiction under Section
100 of the CPC.
Ishwar Dass Jain (Dead) Thr. Lrs vs Sohan Lal (Dead)By Lrs on 29 November, 1999
14] Likewise, in the case of Ishwar Dass Jain (Dead) through Lrs vs.
Sohan Lal (Dead) by LRs reported in (2000) 1 SCC 434 may also be referred to.
Paras 11 and 12 of the said judgment is relevant and is under:-
Dilbagrai Punjabi vs Sharad Chandra on 8 August, 1988
In Dilbagrai Punjabi vs. Sharad
Chandra [1988 Supple. SCC 710], while
dealing with a Second Appeal of 1978
decided by the Madhya Pradesh High Court
on 20.8.81, L.M.Sharma, J.(as he then was)
observed that "The Court (the first appellate
Court) is under a duty to examine the entire
relevant evidence on record and if it refuses
to consider important evidence having direct
bearing on the disputed issue and the error
which arises as of a magnitude that it gives
birth to a substantial question of law, the
High Court is fully authorised to set aside the
finding. This is the situation in the present
case."
Jagdish Singh vs Natthu Singh on 25 November, 1991
In Jagdish Singh vs. Nathu
Singh [1992 (1) SCC 647], with reference to
a Second Appeal of 1978 disposed of on
5.4.1991. Venkatachaliah, J. (as he then was)
held:
Sundra Naicka Vadiyar (Dead) By Lrs. And ... vs Ramaswami Ayyar (Dead) By His Lrs. on 7 January, 1992
Again in Sundra Naicka Vadiyar vs.
Ramaswami Ayyar [1995 Suppl. (4) SCC
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Signed by: VINDESH
RAIKWAR
Signing time: 15-Jan-26
6:43:07 PM
NEUTRAL CITATION NO. 2026:MPHC-IND:1325
7 SA-1036-2025
534], it was held that where certain vital
documents for deciding the question of
possession were ignored - such as a
compromise, an order of the revenue Court -
Smt. Mehrunnisa & Ors vs Smt. Visham Kumari & Anr on 2 December, 1997
In
yet another case in Mehrunissa vs. Visham
Kumari [1998 (2) SCC 295] arising out of
Second appeal of 1988 decided on 15.1.1996,
it was held by Venkataswami, J. that a
finding arrived at by ignoring the second
notice issued by the landlady and without
noticing that the suit was not based on earlier
notices, was vitiated finding. This was in
Second Appeal of 1988 decided on
15.1.1996.
The Code of Civil Procedure, 1908
Sri Chand Gupta vs Gulzar Singh And Anr on 22 October, 1991
In Sri Chand Gupta vs. Gulzar
Singh [1992 (1) SCC 143], it was held that
the High Court was right in interfering in
Second Appeal where the lower appellate
Court relied upon an admission of a third
party treating it as binding on the defendant.