Court : HIGH COURT BENGLURU
Brief : SUIT FOR RECOVERY CONCURRENT FINDINGS RECORDED BY TC.
Citation : ILR 2009 KAR 60
SEC 100 SUIT FOR RECOVERY-CONVURRENT FINDINGS RECORDED BY THE TRIAL COURT AS WELL AS THE APPELLATE COURT-DEFENDANT'S SECOND APPEAL-HELD, IF THE CONCURRENT FINDINGS OF COURTS BELOW IS CONTRARY TO PLEADING AND EVIDENCE ON RECORD, IT IS A CONCURRENT ERROR COMMITTED BY THE COURT BELOW AND IN SUCH CIRCUMSTANCES, HIGH COURT CAN INTERFERENCE U/S 100 CPC TO AVOID MISCARRIAGE OF JUSTICE- ON FACTS, HELD, IT IS EVIDENT ON RECORD THAT THE COURTS BELOW HAVE NOT CONSIDERED THE DOCUMENTARY EVIDENCE, PLEADINGS AND ADMISSIONS WHICH ARE AGAINST TO THE PLAINTIFF'S CASE-JUDGEMENTS AND ECREE PASSED B Y THE COURTS BELOW ARE SET ASIDE.
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