Supreme Court of India

Gurnam Singh (d) by Lrs. & Ors. v. Lehna Singh (d) by Lrs.

Neutral citation

Bench L. Nageswara Rao and M. R. Shah JJ.

Decided 13 March 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above, we allow this appeal, set aside the impugned Judgment and Order passed by the High Court dated 27.11.2007 passed in Civil Regular Second Appeal No.2191 of 1985 and restore the Judgment and Order passed by the learned District Judge, Sangrur dated 06.06.1985 passed in Civil Appeal GURNAM SINGH (D) BY LRS. .& ORS. v.

Judgment, page 14

From the headnote

Code of Civil Procedure, 1908: s. 100 – Second appeal – Scope of – Suit for perpetual injunction – Trial Court decreed the suit – First Appellate Court dismissed the suit – High Court in second appeal, after re-appreciating the evidence decreed the suit – On appeal, held: Jurisdiction of High Court to entertain second appeal u/s. 100 is confined only to such appeals which involve ‘a substantial question of law’ – High Court cannot substitute its own opinion for that of the lower court unless it finds that the conclusions drawn by the lower court were erroneous being contrary to the mandatory…

Authorities it was built on

2008 Baboolal Sharda & Anr. v. Smt. Savitribai & Ors. cited by 29
1999 Kondiba Dagadu Kadam v. Savitribal Sopan Gujar and Ors. cited by 12
1963 Madamanchi Ramappa & Anr. v. Muthalur Bojjappa cited by 11
2009 Narayanan Rajendran & Another v. Lekshmy Sarojini & Others cited by 5
1997 Panchugopal Barua and Ors. v. Umesh Chandra Goswami and Ors. cited by 4
2000 B.S. Sharma v. State of Haryana and Anr. cited by 1

Where later benches applied it

2025 Angadi Chandranna v. Shankar & Ors. referred to

Of those, 1 referred to

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