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Dudh Nath Pandey (Dead) By Lrs vs Suresh Chandra Bhattasali (Dead) By Lrs on 24 April, 1986

Kharbuja Kuer v. Jangbahadur Rai and others, A.I.R. 1965 S.C. 1203; Ladli Prashad Jaiswal v. The Karnal Distillery Co. Ltd. Karnal & others, ; Madamanchi Ramappa & another v. Muthaluru Bhojappa, and Dudh Nath Pendey v. Suresh Chandra Bhatasali, . Relying on the above authorities the learned Counsel for the respondents submitted that in the present case the finding recorded by the lower Appellate Court cannot be reversed on reappreciating the evidence by this Court. He submits that there is no defect of procedure and there was no legal error on the part of the trial Court which requires to be corrected by this Court in second appeal under section 100 of the Civil Procedure Code. The learned Counsel for the Appellants on the other hand contends that the lower Appellate Court has overlooked a very material part of the evidence bearing on the question and arrived at a finding ignoring important and relevant evidence and as such this Court would be justified in reversing the finding recorded by the lower Appellate Court.
Supreme Court of India Cites 4 - Cited by 97 - R B Misra - Full Document
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