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january 2009

Supreme Court of India · 2009-01-09

PARVATIBAI vs SHIVPYARI DWARKADAS LAHOTI .

Citation / case number
SC 2007/28515
Court
Supreme Court of India
Petitioner
PARVATIBAI
Respondent
SHIVPYARI DWARKADAS LAHOTI .
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

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 concurrent findings of fact from two lower courts without identifying any perversity. The Court restored the judgment of the lower appellate court, allowing the appeal and setting aside the impugned judgment.

PARVATIBAI vs SHIVPYARI DWARKADAS LAHOTI . · Niyam