AIR 1979 ALLAHABAD 339

Allahabad High Court

Hon'ble Judge(s): P. N. Goel , J

Civil P.C. (5 of 1908) , S.100, S.100A, S.101— Second Appeal - Findings of fact when not binding. It is true that if the lower appellate Court recorded definite findings in the light of oral evidence and surrounding circumstances, the High Court cannot interfere in second appeal and cannot attempt to reappreciate the evidence. But where the appellate Court discarded the entire oral and documentary evidence and based his finding simply on one circumstance appearing in the case without negativing the facts found by the trial court it could not be said that the finding of fact recorded by the appellate Court could not be interfered by the High Court in second appeal.(Para 15 18)