Can High Court dismiss second Appeal in limine? The Supreme court held that an appeal under section 100 of the CPC could be filed both against the ‘concurrent findings’ or ‘divergent findings’ of the courts below. It also pointed that in case of concurrent finding, the appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings, or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against the provision of law or the decision is one which no judge acting judicially could reasonably have reached. The court also referred to the judgment in Surat Singh (Dead )v .Siri Bhagwan and others, 2018 127 SC in which it was laid down that for dismissal of a second appeal without being admitted, the High court is required to assign reasons.” The legal experts at Reddy and Reddy law firm specialize in handling varied civil cases.
Submit Your Enquiry