Messrs Rajindra Kumar And Company & Another
v.
Vijaya Rani
(Supreme Court Of India)
Civil Appeal No. 268 Of 1981 | 22-01-1981
1. Special leave granted.
2. We think that the High Court was not within its jurisdiction in setting aside a finding which was really an inference of fact from the evidence.
3. We, therefore, allow the appeal, set aside the order of the High Court and restore that of the trial court. There will be no order as to costs.
2. We think that the High Court was not within its jurisdiction in setting aside a finding which was really an inference of fact from the evidence.
3. We, therefore, allow the appeal, set aside the order of the High Court and restore that of the trial court. There will be no order as to costs.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE A.C. GUPTA
HON'BLE JUSTICE D.A. DESAI
Eq Citation
AIR 1981 SC 2010
(1982) 2 SCC 175
LQ/SC/1981/38
HeadNote
Civil Procedure Code, 1908 — Or. 43 Rr. 1 & 2 and Or. 47 R. 1(d) — Special leave petition — Reversal of finding of fact by High Court — Permissibility of
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