Concurrent findings of fact of first appellate court cannot be interfered with by the High Court in exercise of its jurisdiction u/s 100 of CPC: High Court of Delhi
The power of the High Court to interfere in second appeal under section 100 Code of Civil Procedure is limited solely to decide a substantial question of law, if at all the same arises in the case and the same was upheld by High Court of Delhi through the learned bench led by Justice Prathiba M. Singh in the case of RAMESHWAR SINGH vs. THE CHIEF SECRETARY, GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR. [CM APPLs. 4984/2022] on 28.01.2022.
The facts of the case are that the plaintiff purchased a plot of land from one Sh. Kanwar Singh and Sh. Risal Singh, vide registered sale deed. According to the Plaintiff, he constructed a porch on the said property a decade before filing the suit in 2005 against threats made by defendant. It was sometime in December, 2005, that officials of the GNCTD made threats for demolition of the porch marked in red colour in the site plan averring that the porch has been constructed upon pusta. It was this threat which led to the filing of the suit. The trail court dismissed the suit on the ground that the plaintiff failed to prove his case. Thereafter, even the appeal was dismissed by the appellate court.
The petitioner has filed a second appeal under section 100 Code of Civil Procedure requesting a restrain on the Defendant and their agents, servants, employees, workers, assigns, nominees from forcibly and illegally demolishing the porch constructed in the property of the Plaintiff.
The plaintiff’s counsel submitted that the Trial Court has wrongly non-suited the Plaintiff. He submitted that since the sellers were not produced as witness before the Trial Court, therefore, case of the Plaintiff was not proved.
Considering the facts and circumstances, the Court was of the opinion that no interference with the concurrent findings of the lower courts was warranted in the present second appeal as it cannot be said that the view taken by the first appellate court was based on no material. Accordingly, the present appeal was dismissed.
The Court observed that, “It is now well settled that concurrent findings of fact of trial court and first appellate court cannot be interfered with by the High Court in exercise of its jurisdiction Under Section 100 of Code of Civil Procedure. The power of the High Court to interfere in second appeal under section 100 Code of Civil Procedure is limited solely to decide a substantial question of law, if at all the same arises in the case”.
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Judgment reviewed by – Shristi Suman