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    <title>2006 (4) TMI 505 - Supreme Court</title>
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    <description>Section 100 of the Code of Civil Procedure, 1908 confines second appellate jurisdiction to cases involving a duly formulated substantial question of law. The High Court must state that question in the memorandum or at admission and hear the appeal on that basis; it cannot reappreciate evidence or disturb concurrent findings of fact merely because another view is possible. As the concurrent findings upholding the Will were based on evidence and no substantial question of law was framed, the High Court&#039;s interference was unjustified and the second appeal should not have been entertained.</description>
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      <description>Section 100 of the Code of Civil Procedure, 1908 confines second appellate jurisdiction to cases involving a duly formulated substantial question of law. The High Court must state that question in the memorandum or at admission and hear the appeal on that basis; it cannot reappreciate evidence or disturb concurrent findings of fact merely because another view is possible. As the concurrent findings upholding the Will were based on evidence and no substantial question of law was framed, the High Court&#039;s interference was unjustified and the second appeal should not have been entertained.</description>
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