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Civil Property & InheritanceSupreme Court of India

Gurnam Singh (D) by LRs. & Ors. v. Lehna Singh (D) by LRs.

Civil Appeal · 2019 INSC 356Decided 13 Mar 2019
Civil Appeal No. 6567 of 2014
Justice L. Nageswara Rao · Justice M.R. Shah

Background

The plaintiff sued for a perpetual injunction to prevent the defendants from dispossessing him of land he claimed to have inherited from his deceased brother, Bhagwan Singh. The defendants claimed Bhagwan Singh had willed his share of the land to them; the plaintiff alleged the will was forged and that the defendants had in fact murdered Bhagwan Singh by poisoning (for which they were prosecuted). The Trial Court ruled for the plaintiff, the First Appellate Court reversed and dismissed the suit after re-examining the evidence, and the Punjab and Haryana High Court, in a Second Appeal, restored the Trial Court's decree in the plaintiff's favour, prompting the defendants' appeal to the Supreme Court.

Decision Breakdown

The Supreme Court allowed the appeal and restored the First Appellate Court's dismissal of the suit, holding that the High Court had exceeded its jurisdiction under Section 100 of the Code of Civil Procedure. A Second Appeal to the High Court is strictly confined to substantial questions of law; it is not an occasion for the High Court to re-appreciate evidence and overturn findings of fact reached by the First Appellate Court, provided that Court exercised its discretion judicially. Since the High Court here had effectively re-heard the matter as if it were a first appeal rather than confining itself to a substantial question of law, its judgment could not stand. The Court closed by formally reminding High Courts generally of this limitation, citing repeated instances of Section 100 being misused to disturb concurrent or appellate findings of fact.

Lesson Learnt

A High Court hearing a Second Appeal can only intervene on a genuine substantial question of law: it cannot re-weigh evidence or overturn factual findings simply because it would have decided the case differently, and litigants should not expect a "third round" of fact-finding at that stage.

Gurnam Singh (D) by LRs. & Ors. v. Lehna Singh (D) by LRs. – Legal Case Shots | LegalAware