![]() ![]() In the SC’s opinion, if any one or more ground as mentioned, is made out in an appropriate case on the basis of the pleading and evidence, such ground will constitute substantial question of law within the meaning of section 100 of the CPC. Dashrath Narayan Chilwelkar-AIR 1943 Nagpur 117 para 43). When any concurrent finding of fact is assailed in second appeal, the appellant is entitled to point out that it is bad in law because it was recorded de hors the pleadings or it was based on no evidence or it was based on misreading of material documentary evidence or it was recorded against any provision of law and lastly, the decision is one which no Judge acting judicially could reasonably have reached.(In this context the SC has referred to the observation made by Justice Vivian Bose as a Judge of the then Nagpur HC in the decision of the case – Rajeshwar Vishwanath Mamidwar & Others v. ![]() These expressions are well known in the legal parlance. If the Appellate Court affirms the finding, it is called “concurrent finding of fact” whereas if the finding is reversed, it is called “reversing finding”. Justice BN Srikrishna Report on Institutionalisation of Arbitration.
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