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january 2009

Supreme Court of India · 2009-01-09

Parvatibai & Anr vs Shivpyari Dwarkadas Lahoti & Ors

Court
Supreme Court of India
Petitioner
Parvatibai & Anr
Respondent
Shivpyari Dwarkadas Lahoti & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that under Section 100 of the Code of Civil Procedure, 1908, the High Court can only interfere with findings of fact if they are perverse. In this case, the Single Judge of the Bombay High Court improperly re-appreciated evidence and reversed the concurrent findings of fact by the trial and appellate courts without identifying any perversity. The Court restored the judgment of the lower appellate court, allowing the appeal and setting aside the High Court's decision.

Parvatibai & Anr vs Shivpyari Dwarkadas Lahoti & Ors · Niyam