In Brief
In this civil appeal, the Supreme Court examined the scope of jurisdiction of High Courts in entertaining second appeals under Section 100 of the Code of Civil Procedure. The case involved a dispute over inheritance regarding suit land, with conflicting decisions by the trial court, first appellate court, and high court. The Supreme Court held that the High Court had exceeded its jurisdiction by re-appreciating evidence when deciding the second appeal. The Court emphasized that second appeals under Section 100 CPC are limited to matters involving a substantial question of law, and the High Court cannot simply substitute its opinion for that of the first appellate court. The appeal was allowed, setting aside the High Court's judgment and restoring the first appellate court's decision, thereby dismissing the original suit. The judgment serves as a significant reminder to High Courts regarding their limited role in second appeals.
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