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Messrs Rajindra Kumar And Company & Another v. Vijaya Rani

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.

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