9911796707
TMI Blog2001 (4) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... be entitled for the relief claimed. Aggrieved by that order the respondent preferred the Second Appeal in the High Court which has been allowed and the said order has been impugned in the present appeal. The main question which has been raised in the present appeal is whether the High Court was justified in interfering with the findings of fact recorded by the First Appellate Court, by re-appraising the evidence in violation of provisions contained in Section 100 CPC. A perusal of the judgment passed by the High Court also shows that the Court had not framed any substantial question of law while entertaining and deciding the Second Appeal. The brief facts are that one Anthony Ummini owned certain properties and created two mortgages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ni and the defendant Muthamma. The averments made in paragraph 5 of the plaint have been denied. It is to be noticed that in the plaint the plaintiff has described the title of the case as Kannamma , the daughter of Valliamma and defendant has also to be described as Muthamma daughter of Valliamma. Fathers name has not been given. In the written statement, it has not been denied that the plaintiff and the defendant both are daughters of Valliamma. The case, however, is that the plaintiff Kannamma was daughter of Valliamma from her previous husband and not out of the wedlock between Anpudayan Anthony and Valliamma. The Trial Court as indicated earlier dismissed the suit recording a finding that the plaintiff was one of the daughters of Va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er passed by the First Appellate Court and also referred to the documents exhibited in the case. The Second Appellate Court observed that the burden was on the plaintiff to establish that she is the daughter of Valliamma and Anpudayan Anthony. It is also observed that the First Appellate Court had wrongly thrown the burden of proof upon the defendant in respect to the facts indicated above. Yet another observation to be found is that the First Appellate Court totally misled itself in not appreciating the facts in proper perspective. It is also found that at several places in the judgment rendered by the First Appellate Court, the facts stated therein are different from what is contained in the respective documents. With the above findings, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such question. According to the above provision, the substantial questions of law as may be involved in the appeal are to be precisely stated in the memorandum of appeal itself. If the High Court feels satisfied about existence of substantial question of law, it is for the High Court to formulate that question and the appeal is generally to be heard on the questions so formulated. It has been observed by this Court in several decisions that the High Court must conform to the requirements laid down in sub-section 4 of Section 100 CPC. Formulation of such questions of law gives proper direction in which arguments have to be advanced by the parties. The facts and the questions of law are also appreciated in correct perspective . Such pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been indicated in the judgment of the First Appellate Court. It may perhaps then amount to mis- reading of the documents or wrong interpretation of the documents. We have also noticed that in the plaint the plaintiff has described herself and the defendant only as daughters of Vallliamma. Fathers name in respect of none has been disclosed. It has also been averred that the plaintiff and the defendant are sisters of Anthony Ummini. Disclosure of the name of the father may perhaps be more relevant and of special importance while property of the deceased brother is claimed by a sister since the expression sister does not mean an `uterine sister as provided under the note to the schedule of inheritance in the Hindu Succession Act. An averme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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