VidhiSangh

Supreme Court of India · 13/03/2019

GURNAM SINGH (D) BY LRS. & ORS. versus LEHNA SINGH (D) BY LRS.

[2019] 4 S.C.R. 1084 · 2019 INSC 356

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Summary

The Supreme Court restored the first appellate decree dismissing an injunction suit after that court upheld a disputed will on reasoned consideration of the evidence. The High Court had exceeded Section 100 CPC by reassessing the evidence without a qualifying substantial question of law.

Issues

  1. Whether the High Court exceeded its second-appeal jurisdiction by reversing reasoned factual findings on the will.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside; District Judge’s first appellate judgment restored and original plaintiff’s suit dismissed. No costs.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 1084.