SANJIV KUMAR Vs. SIRI CHAND AND OTHERS

JUDGEMENT

(1.) By this judgment, RSA Nos.365 and 496 of 2009 shall stand disposed of, as both these appeals are arising from one suit and two first appeals disposed of by the learned first appellate court by a common judgment. One appeal has been filed by defendant No.1 through her legal heirs and second appeal has been filed by Sultan-defendant No.3.

(2.) In the considered opinion of this Court, following substantial questions of law arise for determination:-

(3.) Although normally in second appeal the court is not required to re-appreciate the entire evidence, however, this Court finds that the judgments passed by the courts below are result of total non-appreciation of documentary evidence, hence, while exercising the powers of second appeal, the court has decided to reappreciate the evidence.