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.