LAWS(P&H)-2022-7-179

PARKASH DEVI Vs. RAJINDER KUMAR

Decided On July 05, 2022
PARKASH DEVI Appellant
V/S
RAJINDER KUMAR Respondents

JUDGEMENT

(1.) The Regular Second Appeals in the States of Punjab, Haryana and Union Territory, Chandigarh, are regulated by Sec. 41 of the Punjab Courts Act, 1918, and not by Sec. 100 of the Code of Civil Procedure, 1908. Reference in this regard can be made to the judgment of the Five Judge Bench in Pankajakshi v/s Chandrika (2016) 6 SCC 157. Under Sec. 41, the High Court is entitled to reappreciate the evidence if the judgments passed by the Courts below not only reflect misreading of evidence but also suffer from perversity.

(2.) In the considered opinion of this Court, the following issues/questions arise, for adjudication

(3.) The defendant assails the correctness of the concurrent findings of fact arrived at by the Courts below.