https://www.taxtmi.com/caselaws?id=191426 In second appeal, the High Court may test whether first appellate findings of fact are vitiated by non-consideration of admissible and vital evidence, but once those findings are displaced it cannot straightaway decide the dispute against a party without a fresh appraisal of the entire relevant record. If the evidence on record is sufficient, the court may itself finally determine the issue under Section 103(b) CPC after hearing both sides fully; otherwise, the proper course is remand for rehearing and fresh factual determination. The Supreme Court held that the High Court was not justified in finally dismissing the suit and set aside the judgment, directing remand for decision on the merits. en-us Wed, 22 Jul 1992 00:00:00 +0530 Tue, 25 Apr 2017 10:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=191426 In second appeal, the High Court may test whether first appellate findings of fact are vitiated by non-consideration of admissible and vital evidence, but once those findings are displaced it cannot straightaway decide the dispute against a party without a fresh appraisal of the entire relevant record. If the evidence on record is sufficient, the court may itself finally determine the issue under Section 103(b) CPC after hearing both sides fully; otherwise, the proper course is remand for rehearing and fresh factual determination. The Supreme Court held that the High Court was not justified in finally dismissing the suit and set aside the judgment, directing remand for decision on the merits. Case-Laws Indian Laws Wed, 22 Jul 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=191426