Saturday 14 April 2018

Whether plea of readiness and willingness is finding of fact?

So far as the plea relating to readiness and willingness is concerned, it was again rightly held by the High Court to which we concur that this being a finding of fact, it could not be disturbed in second appeal and was binding on the High Court. It was more so when the first Appellate Court had recorded its finding by appreciating the entire evidence on record. We, therefore, find no ground to disagree with this finding of the High Court.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 6069 of 2008

Decided On: 05.12.2017

Balwant Vithal Kadam Vs. Sunil Baburaoi Kadam


Hon'ble Judges/Coram:
Abhay Manohar Sapre and Navin Sinha, JJ.
Citation: (2018) 2 SCC 82.
Read full judgment here: Click here

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