Lehna Singh(D) By Lrs vs Gurnam Singh (D) By Lrs

The Supreme Court reviewed its earlier decision in Civil Appeal No. 6567 of 2014, which had set aside the High Court's judgment under Section 100 of the Code of Civil Procedure, 1908. The Court held that the High Court exceeded its jurisdiction by reappreciating evidence and substituting its opinion for that of the First Appellate Court. The Court reaffirmed the applicability of Section 41 of the Punjab Courts Act, 1918, as upheld in Pankajakshi v. Chandrika, clarifying that the second appeal should be governed by Section 41 and not Section 100 CPC. The review petition was allowed, restoring the findings of the First Appellate Court.