Case Note & Summary
The dispute arose from a suit for specific performance of an agreement to sell land measuring 12 bighas 4 biswas located in Village - Hasan, Tehsil - Sarhand, District - Patiala. The plaintiffs, who were the respondents, had their suit decreed by the Sub Judge, Bassi, directing the defendants, the appellants, to execute the sale deed upon payment of the balance price. The appellants appealed to the Additional District Judge, Patiala, but their appeal was dismissed. Subsequently, the High Court allowed the second appeal, modifying the previous judgments by granting the respondents interest on the balance amount deposited in the trial court. However, the Supreme Court noted that the High Court had disposed of the second appeal without framing any substantial question of law, which is mandated by Section 100 of the Code of Civil Procedure, 1908. The Supreme Court held that the failure to frame such a question rendered the High Court's order liable to be set aside. Consequently, the appeal was allowed, the High Court's order was set aside, and the matter was remanded for the High Court to determine if any substantial question of law arose, and if so, to frame it and decide the appeal accordingly after hearing the parties.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Framing Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - The High Court disposed of the second appeal without framing any substantial question of law, which is a requirement under Section 100. The Supreme Court held that the order is liable to be set aside and remanded the matter for consideration of any substantial question of law that may arise (Paras 1-2).
Issue of Consideration
Whether the High Court erred in disposing of the second appeal without framing a substantial question of law.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and remanded the matter for consideration of any substantial question of law that may arise.
Law Points
- specific performance
- agreement to sell
- substantial question of law
- Code of Civil Procedure
- 1908
- Section 100
