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plaintiff, dismissed the
plaintiff's appeal.
4. The grounds of second appeal are five, namely :-The decree of the
lower ... plaintiff, and there is no contention in the second appeal grounds that
the plaintiff was prevented from giving evidence
Madras High Court
parte."
"101. Second appeal on no other grounds.-- No second appeal shall
lie except on the grounds mentioned in Section ... provisions which lay down when and on what grounds second
appeal will lie and when it will not lie. Section
Rajasthan High Court
perusal of Memorandum of Grounds in Second Appeal filed by the Appellant/Defendant indicates that the Appellant/Defendant has taken ... ground on the Appellant/Defendant (taken in the grounds of Second Appeal) is that the First Appellate Court has failed
Madras High Court
specified three grounds on which a second appeal
could lie to the High Court one of them being that ... contention against its validity in appeal to this Court.
Allowing the appeal,
^
HELD: The appeal is maintainable under
Supreme Court of India
High Court at Madras. In the memorandum of grounds
of second appeal dated 08.10.1985, the respondents herein set forth ... have perused the copy of the memorandum of
grounds of Second Appeal filed before the High Court, Madras filed
Supreme Court of India
decree of the trial court though on
different grounds. Second appeal by the plaintifflandlord
was allowed by the High Court ... High Court of Rajasthan at Jaipur Bench in Second Appeal No.
240 of 1978 dated July 5, 1985 reversing
Supreme Court of India
their evidence or in
the memorandum of grounds of second appeal did not
question the genuineness or due execution ... evidence or in the memorandum of grounds of second
appeal. Jurisdiction of the High Court under
Section
Supreme Court of India
gist of the grounds of
appeal is that the decision in the first appeal is perverse, the
finding of facts ... High Court on any of the following
grounds, namely --
(100. Second Appeal)-- (1) Save as otherwise expressly provided
Calcutta High Court
Whether,
with reference to the first and second grounds of appeal, and having
regard to the circumstances disclosed ... that last mentioned),
were more or less heavy first appeals involving complicated questions
of fact and troublesome questions
Allahabad High Court
material. Section 101 provides that no second
appeal shall lie except on the grounds mentioned in Section 100. Now,
Section ... then that finding will not be
binding in second appeal. The grounds on which a finding of fact
Bombay High Court
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