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PETITIONER: SARJU PERSHAD
Vs.
RESPONDENT: RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS
DATE OF JUDGMENT: 14/11/1950
BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. FAZAL ALI, SAIYID MAHAJAN, MEHR CHAND
CITATION: 1951 AIR 120 1950 SCR 781 CITATOR INFO : R 1960 SC 115 (13) F 1974 SC 66 (55) F 1983 SC 114 (8) RF 1985 SC 89 (8) RF 1988 SC 103 (12) F 1988 SC1845 (18)
ACT: Practice--Appellate court--Finding of fact depending on credibility of witnesses--Interference--Correct principle.
HEADNOTE: When there is conflict of oral evidence of the parties on any matter in issue and the decision hinges upon the credibility of the witnesses, then unless there is some special feature about the evidence of a particular witness which has escaped the trial judge’s notice or there is a sufficient balance of improbability to displace his opinion as to where the credibility lies, the appellate court should not interfere with the finding of the trial judge on a question of fact. It would not detract from the value to be attached to a trial judge’s finding of fact if the judge does not express- ly base his conclusion upon the impressions he gathers from the demeanour of witnesses. The rule is, however, only a rule of practice and does not mean that the court of first instance can be treated as inf...