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As per the case facts, the petitioner sought a review of a Supreme Court order that had set aside a High Court judgment and restored a lower court's decree. The
...High Court had previously intervened because the first appellate court wrongly overturned the trial court's findings without proper consideration. The appeal to the Supreme Court challenged the correctness of the High Court's decision and the subsequent Supreme Court order. The question arose whether the High Court was justified in setting aside the first appellate court's judgment and reinstating the trial court's decision, particularly concerning the limits of appellate power under Section 96 and Section 100 of the Code of Civil Procedure, 1908 (CPC). Finally, the Supreme Court dismissed the appeal, affirming that the High Court correctly set aside the first appellate court's judgment. The Court stated that the first appellate court had improperly disregarded the trial court's well-supported findings, which is not permissible under Section 96 CPC, and the High Court's action to restore the trial court's decree was within its legal scope under Section 100 CPC.
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