AIR 1999 SUPREME COURT 2213 ::1999 AIR SCW 2240 ::1999 SCFBRC 248 ::1999 ADSC 4 484 ::1999 UJ(SC) 2 820 ::(1999) 3 CivLJ 134 ::1999 (3) SCC 722 ::(2000) 1 Raj LW 89 ::(1999) 2 RecCivR 587 ::(1999) 2 Scale 633 ::(1999) 2 CurCC 36 ::(1999) 3 AllMR 467 (SC) ::(1999) 36 All LR 218 ::(1999) 3 AndhWR 152 ::(1999) 3 Bom CR 532 ::(1999) 2 All WC 1608 ::(1999) 3 ICC 620 ::(1999) 2 Mad LW 614 ::(1999) 2 Mad LJ 105 ::(1999) 2 LandLR 375 ::(1999) 4 AndhLD 57 ::(1999) 4 Supreme 108 ::(1999) 2 CurLJ(CCR) 470 ::(1999) 3 JT 163 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. Saghir Ahmad, R. P. Sethi , JJ

(A) Civil P.C. (5 of 1908) , S.100— Second appeal - Relief cannot be granted merely on equitable grounds - Concurrent finding of facts howsoever erroneous - Cannot be interfered with. S. A. 63 of 1988, D/- 19-11-1997 (Bom), Reversed. The right of appeal is neither a natural nor an inherent right attached to the litigation. Being a substantive statutory right, it has to be regulated in accordance with law in force at the relevant time. The conditions mentioned in the Section must be strictly fulfilled before a second appeal can be maintained and no Court has the power to add to or enlarge those grounds. The second appeal cannot be decided on merely equitable grounds. The concurrent findings of facts howsoever erroneous cannot be disturbed by the High Court in exercise of the powers under this Section. The substantial question of law has to be distinguished from a substantial question of fact.(Para 4) It is not within the domain of the High Court to investigate the grounds on which the findings were arrived at, by the last court of fact, being the first appellate court. It is true that the lower appellate court should not ordinarily reject witnesses accepted by the trial Court in respect of credibility but even where it has rejected the witnesses accepted by the trial Court, the same is no ground for interference i....