PREM CHANDRA RAI Vs. JAGERNATH RAI

JUDGEMENT

(1.) In this Second Appeal under Section 100 of the Code of Civil Procedure, 1908, (hereinafter to be called 'the Code'), the challenge is against the judgment and decree passed by the VIth Additional District Judge, East Champaran, Motihari, in Title Appeal No. 103 of 1981/87A of 1992 on 2.12.1998, whereby the First Appeal came to be dismissed. However, it has been observed in the final order that during allotment, the appellant Champa Devi and others could set land covered under documents, Exhibits A-1/3, A-1/2 and A-1,. Thus, the learned First Appellate Court gave a further direction over and above the trial court decree recorded in Title Suit No. 183 of 1975/24 of 1980 on 21.8.1981, wherein suit for redemption and partition of 1/6th share in the suit land and recovery of possession thereof came to be decreed. The First Appellate Court has, as such, confirmed the conclusion of the trial Court.

(2.) The learned counsels for the parties are heard and the entire record has been examined and evaluated.

(3.) It is very clear from the provision of Section 100 of the Code that unlike wider jurisdiction to the First Appellate Court, in terms of the provisions of Section 96 of the Code, a Second Appeal under Section 100 of the Code has a very narrow jurisdiction, as provided in Section 100(4) of the Code, that there ought to be a substantial question of law for the appreciation and adjudication in terms of the provisions of Section 100 of the Code. It is also a well settled proposition of law that re-evaluation and reappraisal of the facts and circumstances and the evidence, which normally is done by the first appellate Court, is not permissible while entertaining a Second Appeal under Section 100 of the Code.