AIR 2019 SUPREME COURT 1441 ::AIROnline 2019 SC 254 ::(2019) 1 CLR 871 (SC) ::(2019) 1 WLC(SC)CVL 760 ::2019 (2) KCCR SN 101 (SC) ::(2019) 3 CivLJ 1 ::(2019) 1 All RentCas 843 ::2019 (7) SCC 641 ::(2019) 2 RecCivR 586 ::(2019) 144 RevDec 508 ::(2019) 5 Scale 50

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): L. Nageswara Rao, M. R. Shah , JJ

Civil P.C. (5 of 1908) , S.100— Second Appeal - Powers of High Court - Case of permanent injunction - High Court materially erred in interfering with reasoned order of First Appellate Court based on re-appreciation of evidence and exceeded its jurisdiction. In the present case, High Court has materially erred in interfering with findings recorded by First Appellate Court, which were on re-appreciation of evidence, which was permissible by First Appellate Court in exercise of powers under S. 96 of the CPC. Cogent reasons, on appreciation of the evidence, were given by First Appellate Court. First Appellate Court dealt with, in detail, the so-called suspicious circumstance which weighed with Trial Court and thereafter it came to the conclusion that the Will, which as such was a registered Will, was genuine and do not suffer from any suspicious circumstances. Therefore, while passing impugned judgment and order, the High Court has exceeded in its jurisdiction while deciding second appeal under S. 100 CPC. Jurisdiction of the High Court, in an appeal under S. 100 of the CPC, is strictly confined to the case involving substantial question of law and while deciding the second appeal under S. 100 of the CPC, it is not permissible for the High Court to re-appreciate the evidence on record and interfere with the findings recorded by the Courts below and/or the First ....