AIR 1968 MANIPUR 12

Manipur High Court

Hon'ble Judge(s): C. Jagannadhacharyulu , J

(A) Civil P.C. (5 of 1908) , S.100, S.101— Concurrent findings of fact - High Court has no jurisdiction to entertain a second appeal on ground of erroneous findings of facts, however gross they may seem to be - High Court cannot interfere with the finding of facts by appellate Court based on appreciation of relevant evidence. AIR 1959 SC 57 and AIR 1959 SC 1204, Rel. on.AIR 1961 Assam 13 and AIR 1966 SC 292. Ref. (Para 8) (B) Civil P.C. (5 of 1908) , O.41 R.24, O.41 R.25— Scope - Under O.41. R.24 appellate Court can finally dispose of the case after resettling issues when there is sufficient evidence on record regarding the point in dispute - Court, in such a case, need not frame any additional issue under O.41, R.25 and refer it for re-trial - Dispute regarding status of appellant as widow of deceased. AIR 1919 Lah 264 and AIR 1924 Bom 113 and AIR 1932 Lah 293 and AIR 1934 Pat 630 and AIR 1957 All 25 and AIR 1958 Raj 269, Rel. on.AIR 1917 Cal 196, Dist.Second C.A. Case No. 5 of 1961 (Manipur) and AIR 1920 Lah 159 and AIR 1856 Manipur 18 and AIR 1964 Manipur 14, Ref. (Para 10) .....