https://www.taxtmi.com/caselaws?id=169782 Second appellate interference under Section 100 CPC is justified where the first appellate court ignores material evidence or relies on inadmissible material, because such error may raise a substantial question of law. A registered mortgage deed may be proved by certified copy and surrounding evidence where execution is not specifically denied and the defendant admits execution, without examining an attesting witness. Oral evidence is admissible to show that a document was a sham transaction, though the defence must fit the pleaded facts. Private extracts of account books are not admissible as books of account under Section 34 of the Evidence Act. A usufructuary mortgagee in possession cannot deny the mortgagor's title. en-us Mon, 29 Nov 1999 00:00:00 +0530 Fri, 19 Jun 2015 16:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169782 Second appellate interference under Section 100 CPC is justified where the first appellate court ignores material evidence or relies on inadmissible material, because such error may raise a substantial question of law. A registered mortgage deed may be proved by certified copy and surrounding evidence where execution is not specifically denied and the defendant admits execution, without examining an attesting witness. Oral evidence is admissible to show that a document was a sham transaction, though the defence must fit the pleaded facts. Private extracts of account books are not admissible as books of account under Section 34 of the Evidence Act. A usufructuary mortgagee in possession cannot deny the mortgagor's title. Case-Laws Indian Laws Mon, 29 Nov 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169782