JUG LAL AND ORS. Vs. KALIA AND ORS.

JUDGEMENT

(1.) THE present regular second appeal was filed under Section 41 of the Punjab Courts Act. Framing of question of law was not necessary in the light of decision rendered by Full Bench of this Court in 'Ganpat versus Smt. Ram Devi and Ors., 1977 PLR Page -1', wherein it was held that the provisions of Section 41 of the Punjab Courts Act, are in no way effected and curtailed by the amendment made in Section 100 of CPC. Now, since the regular second appeal is maintainable only with the aid of section 100 CPC, therefore, substantial questions of law is sine qua non for maintaining the appeal.

(2.) IN the present appeal, the substantial question of law has not been framed. Thus the Court proposes to frame following substantial question of law in order to test the legality of claim of appellants: -

(3.) WHETHER the concurrent findings of facts howsoever erroneous can be disturbed in second appeal and substantial question of law has to be distinguished from a substantial question of fact?