Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 1908 Section I 00: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908; Section 100:Substantial question of law - Formulation of - Specific performance of contract - Agreement for sale of land entered into between appellant and respondent No.1 - Suit for specific performance on ground of non-performance of part of contract by other party - Dismissed by trial Court - Appeal dismissed by first appellate Court - Appeal filed thereagainst dismissed by High Court holding that appellate Court failed to interpret terms of the agreement - On appeal, Held: Non-consideration of relevant fact and consideration of irrelevant fact would give rise to a substantial question of law - Reversal of findings of fact arrived at by first appellate Court ignoring vital document may also lead to a substantial question of law - High Court failed to formulate the substantial questions of law - Hence, the matter remitted to High Court for consideration afresh upon formulation of the question - Specific Relief Act, 1963 - Non-performance of part of contract.An agreement for sale of land in question was entered into by and between the appellant and respondent No.1. Since appellant did not perform his part of contract, respondent No.1 filed suit for specific performance of contract. The same was dismissed by trial Court. An appeal preferred thereagainst by respondent No.1 was dismissed by the first appellate Court. Second appeal preferred by respondent No.1 before the High Court was allowed by the High Court holding that the first appellate Court failed to interpret the clauses of the agreement in their proper perspective; and that it applied the provisions contained in Section 22 of the Specific Relief Act directing refund of the earnest amount in a mechanical manner. Hence the present appeal. Appellant contended that the purported substantial questions of law formulated by the High Court do not meet the requirements of Section 100 of the Code of Civil Procedure Code; and that having regard to the factual findings arrived at by the first appellate Court, the High Court should not have interfered therewith in exercise of its power under Section 100 of the Code. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1169 |
Petitioner | Abdul Raheem |
Respondent | The Karnataka Electricity Board And Anr. |
SCR | [2007] 12 S.C.R. 389 |
Judgement Date | 2007-11-20 |
Case Number | 5320 |
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