AFSAR SHEIKH AND ANR. vs SOLEMAN BIBI AND ORS.

The Supreme Court held that the High Court erred in allowing the second appeal based on a new case of undue influence not adequately pleaded in the plaint, violating the requirements of Order 6 Rules 2 and 4 of the Code of Civil Procedure. The Court emphasized that the findings of the first appellate court regarding the plaintiff's failure to prove the appellant's position to dominate his will were not unreasonable and did not warrant interference under Section 100 CPC. Consequently, the appeal was allowed, affirming the dismissal of the suit for lack of sufficient evidence of undue influence.