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.
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
Advocate List
Bench
- HON'BLE MR. JUSTICE A.C. GUPTA
- HON'BLE JUSTICE D.A. DESAI
Eq Citations
- AIR 1981 SC 2010
- (1982) 2 SCC 175
- LQ/SC/1981/38
Head Note
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
