BIPIN BIHARI SHUKLA Vs. BACHA SHUKLA

JUDGEMENT

(1.) Respondent is treated as served. Leave granted.

(2.) The High Court in a second appeal has interfered with the fact finding entered by the First Appellate Court on the question of undue influence, fraud etc. in the execution of ext. A-Sale Deed. It is true that the trial Court has dismissed the suit and it was in reversal of the said decree that the first Appellate Court has decreed the suit.

(3.) To confer jurisdiction on the High Court under Section 100 of the Code of Civil Procedure, a substantial question of law is sine qua non. We have not seen from the impugned judgment, as to whether any such substantial question of law had been formulated by the respondent when he filed the second appeal. The High Court was not bothered to see whether any such substantial question of law had arisen in the second appeal.