The Section 115 Special Relief Act (of 1877), the Section 42 suit for declaring jurisdiction, was based on an examination of the facts recorded by the trial court and an accurate and careful assessment of the evidence obtained by the Court of Appeal. And the basis on which the emphasis was put was to make a decisive decision. Along with the trial courts, the appellate court discussed every aspect of the case and dealt with the matter in detail, leaving no room for further consideration of the case, while rejecting the claims of the plaintiffs due to lack of evidence. Neither evidence has been falsified or excluded. The record of any evidence should not be considered on the record nor should the definition of evidence be deemed misleading to warrant the intervention of the High Court under Section 115, CPC.
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