Saseendran vs KM Cherian (D) CA 2191 Of 2024 – S 96 CPC – First Appeal Jurisdiction

Code Of Civil Procedure, 1908; Section 96 – It is well open to the First Appellate Court while exercising power under section 96 of the Code of Civil Procedure to act as the final Court of fact and law. An appeal is the continuation of the proceedings. In such view of the matter, it is well open to the High Court to consider the issues both on facts and law either by itself or at best call for such finding from the trial Court.

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