SANSAR CHAND Vs. SWAMI VIVEKANAND ADARSH VIDHA MANDIR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23/5/2001 passed by the High Court of Jammu and Kashmir in Civil Second Appeal No. 22 of 1998 whereby the High Court has set aside the concurrent findings of fact arrived at by both the courts below.

(2.) MR . S.B. Sanyal, learned Senior Counsel appearing on behalf of the appellant has taken a threshold objection that the High Court was not justified in interfering with the concurrent findings of fact in second appeal, without formulating the substantial question of law. He placed reliance on the decision of this Court in Gurdev Kaur Vs. Kaki, particularly on para 70 which reads as under:

(3.) THE High Court may first evaluate as to whether any substantial question of law is involved or not. In case, the High Court comes to the conclusion that there is substantial question of law involved, the same may first be formulated and then it may proceed to decide the second appeal on that question.