RAM SAHAI Vs. DURGA DASS

JUDGEMENT

(1.) The only question involved in this second appeal is about the exetent of the Jurisdiction of this Court to interfere at this stage, under Section 100 of the Code of Civil Procedure, Mr. S, Malhotra, learned counsel for the appellants, submits that the judgment of the lower Appellate Court is not based on any evidence and therefore, this Court can interfere. I am, however, not inclined to agree with him.

(2.) The limits of the jurisdiction of this Court to interfere in second appeal are prescribed in Section 100 of the Code of Civil Procedure which reads as under :-

(3.) Mr, Malhotra referred to an unreported judgment of the Supreme Court in Mehanga Singh v. Sunder Chand, Civil Civil Appeal No. 360 of 1965, decided on Februry 20, 1969, where it was held that the High Court was entitled to reverse the finding of fact if the District Judge had misread the documentary evidence bearing on the title of the plaintiff There is, however no documant in this case, bearing on the title of the parties.