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Property Lawyer: Concurrent finding by courts below is no ground to dismiss second appeal; SC.

Supreme Court of India

Justice Abhay Manohar Sapre and Justice R. Subhash Reddy

The SC { State of Rajasthan & Ors. v. Shiv Dayal & Anr. }  sets aside the judgment of the HC, which dismissed the second appeal, only by giving the reasoning that as there were concurrent findings of courts below and there was no substantial question of law, the second appeal was dismissed, without dealing with merits of the case as to that. It was held by the SC that when any concurrent finding of fact is assailed in second appeal, the appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was  based on misreading of material documentary evidence or it was recorded against any provision of law and lastly,   the   decision   is   one   which   no Judge   acting judicially   could   reasonably   have   reached. The assail on any of the said ground would be substantial question of law - if made - is a good ground to entertain the second appeal.

It was further held  by the SC that the High Court in present case, therefore, should have   admitted   the   second   appeal   by   framing appropriate substantial question(s) of law arising in the case and answered them on their respective merits  rather than to dismiss the appeals without considering any of the questions - by observing that there is no substantial question of law and there were concurrent findings of courts below. Therefore, the SC sets aside the judgment of the HC and remand the matter back for fresh consideration and to decide substantial question of law.

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