Bombay Plaster Industries (M/s.), Bikaner vs. M/s. Jagdamba Plaster & Anr.

Code of Civil Procedure, 1908–Order 43, Rule 1 & Sec. 96–Distinction
between both provisions–Appeal under Order 43, Rule 1 is not akin to a regular first appeal and essentially it is an appeal on principal–Scope for judicial review is very much limited–Appellate Court cannot interfere with the discretion of the trial Court and substitute it’s own discretion even if two views are possible.