LEHNA SINGH (D) BY LRS. versus GURNAM SINGH (D) BY LRS. & ORS.

LEHNA SINGH (D) BY LRS. versus GURNAM SINGH (D) BY LRS. & ORS.

Section 41 of the Punjab Courts Act does not require framing of a substantial question of law to entertain a second appeal; however, findings of fact recorded by the first appellate court cannot be disturbed in second appeal. In the present case the first appellate court wrongly set aside the trial courts finding on the Will without meeting the trial courts reasons, and the High Court rightly restored the trial courts judgment; on independent examination the trial courts findings were supported by evidence, and the civil appeal is dismissed.

Parties
Petitioner: Lehna Singh (D) By Lrs.; Respondent: Gurnam Singh (D) By Lrs. & Ors.
Jurisdiction
India
Judgment Date
16 May 2024
Procedural Posture
Review Petition (civil) (review Petition (c) No. 1025 of 2019) and Civil Appeal (civil Appeal No. 6567 of 2014) / Review of Supreme Court Judgment and Hearing of Civil Appeal on Merits; Judgment on Review and Final Disposal of Civil Appeal
Outcome
Review Petition allowed; Civil Appeal No. 6567 of 2014 dismissed.
Legal Topics
Second Appeal, Framing of Substantial Question of Law, Will, Suspicious Circumstances, Reappreciation of Evidence, Section 41 Punjab Courts Act, 1918, Section 100 CPC
Civil Procedure Succession Property Law Second Appeal Framing of Substantial Question of Law Will Suspicious Circumstances Reappreciation of Evidence +2 more

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Parties

Lehna Singh (D) By Lrs.

Petitioner

Gurnam Singh (D) By Lrs. & Ors.

Respondent

Procedural Posture

Review Petition (civil) (review Petition (c) No. 1025 of 2019) and Civil Appeal (civil Appeal No. 6567 of 2014) / Review of Supreme Court Judgment and Hearing of Civil Appeal on Merits; Judgment on Review and Final Disposal of Civil Appeal

Legal Issues

  1. 1 Whether questions of law are required to be framed in a second appeal under Section 41 of the Punjab Courts Act, 1918
  2. 2 Whether the Punjab and Haryana High Court exceeded its jurisdiction under Section 100 CPC by re-appreciating evidence and substituting its view without framing a substantial question of law
  3. 3 Whether the First Appellate Court erred in setting aside the trial courts findings on the validity of the Will without meeting the trial courts reasons

Ratio Decidendi

Section 41 of the Punjab Courts Act does not require framing of a substantial question of law to entertain a second appeal; however, findings of fact recorded by the first appellate court cannot be disturbed in second appeal. In the present case the first appellate court wrongly set aside the trial courts finding on the Will without meeting the trial courts reasons, and the High Court rightly restored the trial courts judgment; on independent examination the trial courts findings were supported by evidence, and the civil appeal is dismissed.

Court Disposition

Review Petition allowed; Civil Appeal No. 6567 of 2014 dismissed.

Orders

  • Review Petition (C) No. 1025 of 2019 is allowed.
  • Civil Appeal No. 6567 of 2014 restored to original number and decided on merits.