Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Specific Relief Act, 1877

Section: 39,42,54

(a) Civil Procedure Code (V of 1908)--- ----S.100---Second appeal---Scope---Second appeal under S.100, C.P.C, has very limited scope---Second appeal can be filed only on question of law or on question of mis-reading or nonreading of evidence or when decision of courts below was contrary to law or usage having force of law; or when some material issue of law had not been decided and when there was substantial error or procedural defect which had resulted in erroneous or defective decision. (b) Specific Relief Act (I of 1877)--- ----Ss.39, 42, 54---Civil Procedure Code (V of 1908), S.100---Second appeal---Misreading and non-reading of evidence---Concurrent findings of facts by two Courts below---Appellant /defendant was aggrieved of s and decrees passed by two Courts below in favour of respondent / plaintiff---Validity---Decisions of Courts below were neither contrary to law nor any usage having force of law---Both the Courts in their s did not omit to decide “some material issue of law or usage having the force of law”---Not all instances of a Courts failure to decide an issue could suffer for the purpose of allowing an appeal---Only a failure to decide material issues existed which could enable an aggrieved party to invoke jurisdiction of an appellate Court---Question of materiality of an issue depended upon whether ultimate decision of Lower Appellate Court would have been different, if omitted issue was determined by it---In order to succeed in second appeal on ground mentioned in S.100 (1)(b), C.P.C., an appellant was to show that Lower Appellate Court would have reached a different conclusion, had it not failed to decide issue of law or usage specified in ground so mentioned---For consideration of ground mentioned in S.100(1)(c), C.P.C., it required an appeal, to show firstly that there was a substantial error or defect in procedure and secondly that such substantial error could have resulted in erroneous or defective decision of the case---High Court declined to interfere in s and decrees passed by two Courts below as no such substantial error had arisen---Second appeal was dismissed, in circumstances. JUDGMENT ZULFIQAR ALI SANGI, J.-----Through instant…

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