Singh(D)TR.LR. Vs. Gurdial Singh & Ors.  INSC 453 (2 March 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.1356 OF 2009 (Arising out of S.L.P. (C)
No.22290 of 2007) Hazura Singh (Dead) Thr. L.R. ...Appellant(s) Versus Gurdial
Singh & Ors. ...Respondent(s)
O R D E R
for specific performance of an agreement to sell land measuring 12 bighas 4
biswas situated in Village - Hasan, Tehsil - Sarhand, District - Patiala filed
by the plaintiffs (respondents herein) was decreed by Sub Judge, Bassi against
the defendants (appellants herein) with a direction to them to execute the sale
deed on payment of the balance price. The appeal preferred by the appellants
was dismissed by Additional District Judge, Patiala. However, the second appeal
filed by the appellants was allowed by the High Court and the judgments and
decrees of the Courts below were modified by directing that the respondents
shall be entitled to interest on the balance amount deposited by him in the
heard learned counsel for the parties.
of the impugned order shows that the High Court disposed of the second appeal
without framing any substantial question of law. It is settled law that in
terms ...2/- -2- of Section 100 of the Code of Civil Procedure, the High Court
is required to frame substantial question of law and then only second appeal
can be allowed. Since, the High Court has failed to frame substantial question
of law, the order under challenge is liable to be set aside.
the appeal is allowed, impugned order rendered by the High Court is set aside
and the matter is remanded to the High Court. Now, the High Court shall
consider whether any substantial question of law arises in the second appeal or
not and if it comes to the conclusion that any such question of law arises, the
same shall be framed and, thereafter, the appeal shall be decided in accordance
with law after giving opportunity of hearing to the parties.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
March 02, 2009.