In Brief
Hardial Singh challenged a High Court judgment that restored a trial court's decree granting title to property and prohibitory relief based on a disputed will. The High Court had reversed the first appellate court's finding that the will was forged by re-appreciating the evidence. The Supreme Court held that in second appeals under Section 41 of the Punjab Courts Act, 1918, the High Court cannot interfere with findings of fact merely by re-appreciating evidence or considering an alternative view better. Second appeal jurisdiction is confined to errors of law or procedure. The Court set aside the impugned judgment and remanded the case for proper reconsideration within the narrow scope of second appellate jurisdiction.
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