Second Appeal – CiteCase

Vitthalrao Marotirao Navkhare vs Nanibai (D) 2024 INSC 283 – Second Appeal – S 100 CPC –

April 8, 2024 April 8, 2024 / By CiteCase

Code Of Civil Procedure, 1908; Section 100 – Second Appeal – High Court acting in second appellate jurisdiction could not have arrived at a new finding of fact without any foundation being laid therefor. (Para 27) Summary: Trial Court decreed the suit in part, holding that the plaintiff was entitled to partition and separate possession …

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Brij Narayan Shukla (D) vs Sudesh Kumar Alias Suresh Kumar (D) 2024 INSC 9 – S 100 CPC – Second Appeal- Adverse Possession

January 3, 2024 February 4, 2024 / By CiteCase

Code of Civil Procedure, 1908 – The High Court was hearing the Second Appeal under section 100 of Code of Civil Procedure, 19082 and it having reappreciated the findings to disturb findings of fact, committed an error. (Para 9.2) Adverse Possession – The suit of the year 1944 was for the arrears of rent and …

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S 100 CPC – Second Appeal To Expunge ‘Adverse Findings’

December 25, 2022 December 25, 2022 / By CiteCase

Can a second appeal be filed solely with a prayer to expunge some findings made in the judgment by the First Appellate Court.? Section 100 CPC reads as follows: (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall …

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