NDLI: Randhir Kaur Vs. Prithvi Pal Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Second appeals Scope of interference Punjab Courts Act 1918 s.41
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	General Clauses Act, 1897 (10 of 1897) Code of Civil Procedure, 1908 (5 of 1908) Punjab Courts Act, 1918 (6 of 1918)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Punjab Courts Act, 1918 – s.41 – Second appeals – Scope of interference – Appellant-plaintiff sought specific performance of agreement to sell dtd. Nov. 5, 2004 in respect of land measuring 193 kanals 18 marlas @ Rs.1,27,000/- per acre – Rs.12,50,000/- and Rs.1,00,000/- was paid to defendant Nos.1 and 2 as earnest money at the time of execution of agreement to sale – Suit decreed – Appeal thereagainst – Dismissed – In the second appeal, the decree for specific performance of the agreement was declined inter alia holding that ‘DS’, son of the appellant was not the attorney to act on behalf of the appellant – Held: In second appeal, the scope of interference within the Punjab and Haryana High Court would be the same as CPC existed prior to 1976 amendment – Provisions of s.41 of the 1918 Act and of s.100, CPC are pari materia – Jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however gross or inexcusable the error may seem to be – Findings of fact will also include the findings on the basis of documentary evidence – Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact – High Court could not interfere with the findings of fact recorded after appreciation of evidence merely because the High Court thought that another view would be a better view – Readiness and willingness to perform contract is a finding of fact on the basis of oral and documentary evidence led by the parties – First appellate court returned a finding that the plaintiff was ready and willing to perform the contract and that the defendants cannot take plea that they were not aware that ‘DS’ was the power of attorney holder – Findings recorded by the first appellate court cannot be said to be contrary to law which may confer jurisdiction on the High Court to interfere with the findings of fact recorded by the first appellate court – High Court was not within its jurisdiction to interfere with the findings of fact only for the reason that plaintiff failed to prove power of attorney in favour of ‘DS’ – Judgment of the High Court set aside – Decree passed by the lower appellate court restored – Code of Civil Procedure, 1908 – s.100 – Code of Civil Procedure (Amendment) Act, 1976 – General Clauses Act, 1897 – s.10.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 806
Petitioner	Randhir Kaur
Respondent	Prithvi Pal Singh & Ors.
SCR	[2019] 9 S.C.R. 776
Judgement Date	2019-07-24
Case Number	5822

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