aside the Judgment, decree, and findings of the trial court without meeting the findings of the trial court which could not have 8. (2005) 12 SCC 303 9. (2005) 10 SCC 24321 been done in exercise of power under Section 96 CPC. Therefore, the High Court has rightly set aside the Judgment and decree of the First Appellate Court to restore the Judgment and decree of the trial court. On independent examination also, we have found that the findings recorded by trial court are borne out from the evidence on record and are neither perverse nor illegal. 27. Therefore, we find no substance in this appeal which deserves to be and is hereby dismissed. 28. The parties shall bear their own costs. …………………………………….. J. (VIKRAM NATH) .......………………………………. J. (PRASHANT KUMAR MISHRA) NEW DELHI; May 16, 2024.