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Right Of Second Appeal

Issue involved regarding ownership based on interpretation of Documents constitute substantial question of law. Second Appeal can't be dismissed in limine. Existence of a substantial question of law is sine qua non for the exercise of Jurisdiction under the provision of Section 100 of the code. The second Appeal does not lie on the ground of erroneous findings of fact based on appreciation of relevant evidence.

The scope of exercise of the jurisdiction by the High Court in second Appeal u/s 100is limited to the substantial question of law. To be a substantial question of law it must be debatable, not previously settled by law of the land or a binding precedent and answer to the same will have a material bearing as to rights of parties before the court.
The High Court in Second Appeal is not justified in setting aside a mixed question of law and facts.

The High court, should not interfere with the concurrent finding of fact in a routine and casual manner by substituting it's subjective satisfaction in place of lower courts.
Where the first Appellate Court has assumed Jurisdiction which did not vest in it, the same can be adjudicated in second Appeal, treating as substantial question of law.
The finding of fact arrived by the trial court are binding on second Appeal.

Conclusion about limitations is a finding of fact is not open for interference in the second Appeal. Once the evidence on which the courts of facts have acted was admissible and relevant, party can not be allowed to raise the said evidence is insufficient to justify the findings of fact in second Appeal.

Interference with the factual finding is permissible only if the said finding is unreasonable.

Interference with factual finding of fact is permissible only if the said finding is un reasonable or non consideration of relevant fact or ignored weight of evidence on record altogether.
Question of fact can not be allowed to be raised in second Appeal. Eraneous application of Law - Second Appeal is maintainable if it raises a substantial question. Interpretation of the contract involves a substantial question of law, it can be examined in second Appeal. Perverse findings recorded by the Court Below or factual finding based on no evidence Second Appeal is maintainable.

Finding of fact in absence of substantial question of law can't be questioned in second Appeal.

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