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Home CIVIL

Concurrent findings of facts recorded by the two Courts below on all the material issues are binding on this Court

by PLRonline
October 30, 2021
in CIVIL
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Concurrent findings of facts recorded by the two Courts below on all the material issues are binding on this Court –  It is much more so when we are unable to notice any kind of perversity or illegality in the findings – The findings apart from being concurrent are such that they are capable of being recorded on appreciation of evidence adduced by the parties –  These findings are neither against the pleadings nor the evidence and nor any principle of law –  Being essentially a question of fact, this Court is not inclined to again appreciate the entire evidence while hearing the appeal under Article 136 of the Constitution –  It is more so when we find that the appellant was also not able to point out any material perversity or/and illegality in the finding so as to call for any interference therein by this Court – These findings are also not shown to be perverse to the extent that no judicial person can ever record such findings – Appeal fails and is accordingly dismissed.

2019 SCeJ 60

Tags: COI Art. 136Concurrent findings of factsPractice and Procedure
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      • Punjab Town Improvement Act, 1922
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    • Suit for recovery of Money
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