Civil Procedure Code, 1908, Section 100

Civil Procedure Code, 1908—Section 100—Second appeal—While it is true that in a second appeal, a finding of fact, even if erroneous, will generally not be disturbed but where it is found that the findings stand vitiated on wrong test and on the basis of assumptions and conjectures and resultantly there is an element of perversity involved therein, the High Court will be within its jurisdiction to deal with the issue—An issue pertaining to perversity comes within the ambit of substantial question of law.

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