Civil Procedure Code 1908Scope of Interference In Second Appeal Under Civil Procedure Code, 1908

March 23, 20160

Courts of law cannot Interfere in second appeal ,as not permissible ,with concurrent findings  on pure question of fact, under Section 100 and 103 of Civil Procedure Code, 1908 unless such findings are based on no evidence or are perverse in nature.

Said determination should be based on a reasonable man’s inference on facts. To the reasonable man, if conclusion on facts in evidence made by court below is a possible one, there is no perversity, and if not, the finding is perverse.

Inadequacy of evidence or a different reading of evidence is not perversity, nor will a wrong finding of fact by itself constitute a question of law.

In order to constitute a question of law, the wrong finding should stem out of a complete misreading of evidence or it should be based only on conjectures and surmises.

[Damodar Lal v. Sohan Devi, (2016) 3 SCC 78]

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