Code of Civil Procedure, 1908–Sec. 100–Scope–The general rule is that findings of facts recorded by the Trial Court and Appellate Court are binding and will not be disturbed, even if they appear to be erroneous–However, where the findings of fact are founded on assumptions, conjectures or surmises, or suffer from vice of perversity, the HIgh Court is well within its jurisdiction to interfere with findings of facts–The legality of a finding of fact, when challenged on the ground of perversity, itself constitutes a question of law and, therefore, may give rise to a substantial question of law u/s. 100 of the CPC.
