Supreme Court of India · 1974-08-08
ASHO DEVI vs DUKHI SAO & ANR.
- Citation / case number
- SC 1967/49
- Court
- Supreme Court of India
- Petitioner
- ASHO DEVI
- Respondent
- DUKHI SAO & ANR.
- Bench
- REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that Sections 100 and 101 of the Code of Civil Procedure, 1908 do not apply to a Letters Patent Appeal from a single Judge's decision, as a single Judge is not a subordinate court. The Court emphasized that findings of fact by the single Judge are binding and cannot be re-evaluated in such appeals. The judgment of the Full Bench of the High Court was set aside, affirming the right of the appellate court to consider both questions of fact and law in this context.