In Brief
This civil appeal concerns the scope of appellate jurisdiction under Section 100 of the Code of Civil Procedure (CPC). A dispute arose over the ownership of agricultural land following the death of Bhagwan Singh. The plaintiff (deceased's brother) claimed sole heirship; the defendants claimed possession under an alleged will. The trial court rejected the will as surrounded by suspicious circumstances. The First Appellate Court reversed this, finding the will genuine. The High Court re-appreciated all evidence and restored the trial court's judgment. The Supreme Court held the High Court exceeded its jurisdiction. Under Section 100 CPC, the High Court can only entertain second appeals involving substantial questions of law and cannot re-appreciate evidence or substitute its opinion unless the First Appellate Court's conclusions were contrary to law or based on inadmissible evidence. The High Court had not formulated genuine substantial questions of law. The appeal was allowed and the High Court's order set aside."
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