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In second appeal finding of facts cannot be interfered by High Court; SC.

Supreme Court of India

Justice Hemant Gupta and Justice S. Abdul Nazeer

The SC {C. DODDANARAYANA REDDY (DEAD) BY LRS. & ORS. v. C. JAYARAMA REDDY (DEAD) BY LRS. & ORS.} holds that the findings of fact cannot be interfered with in a second appeal unless, the findings are perverse. The High Court could not have interfered with the findings of the fact in the present case. 

It was held by the SC that the learned High Court has not satisfied the tests laid down in the precedents. Further held, both the courts, the trial court and the learned First Appellate Court, have examined the School Leaving Certificate and returned a finding that the date of birth does not stand proved from such certificate.  It was held that may be the High Court could have taken a different view acting as a trial court but once, two courts have returned a finding which is not based upon any misreading of material documents, nor is recorded against any provision of law, and neither can it be said that any judge acting judicially and reasonably could not have reached such a finding, then, the High Court cannot be said to have erred. Resultantly, no substantial question of law arose for consideration before the High Court. 

Accordingly, it was held by the SC that the High Court committed grave error in law in setting aside the concurrent findings of facts recorded by the First Appellate Court and the Trial Court. Consequently, the appeal was allowed. 

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