documents, have to be construed.’ Nor does the fact that the finding of the first appellate court is based upon some documentary evidence make it any the less a finding of fact (see Wali Mohammad v. Mohd. Bakhsh [1929 SCC OnLine PC 115 : (1929-30) 57 IA 86 : ILR (1930) 11 Lah 199]). But, notwithstanding such clear and authoritative pronouncements on the scope of the provisions of Section 100 CPC, some learned Judges of the High Courts are disposing of second appeals as if they were first appeals. This introduces, apart from the fact that the High Court assumes and exercises a jurisdiction which it does not possess, a gambling element in the litigation and confusion in the mind of the litigant public. This case affords a typical illustration of such interference by a Judge of the High Court in excess of his jurisdiction under Section 100 CPC. We have, therefore, no alternative but to set aside the decree of the High Court on the simple ground that the learned Judge of the High Court