VidhiSangh

Supreme Court of India · 31/01/2019

SHRI RAJENDRA LALITKUMAR AGRAWAL versus SMT. RATNA ASHOK MURANJAN & ANR.

[2019] 1 S.C.R. 815 · 2019 INSC 121

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The High Court could not interpret an admitted agreement in a specific-performance dispute while dismissing the second appeal for want of a substantial question of law. Appropriate questions concerning the agreement’s construction and material specific-performance issues required formulation and hearing under Section 100 CPC. The matter was remitted without deciding entitlement to specific performance.

Issues

  1. Whether dismissal of the second appeal without framing substantial questions of law was justified when interpretation of the admitted agreement was material.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside. Matter remanded for admission, formulation of appropriate substantial questions of law and decision on merits according to Section 100, uninfluenced by the Supreme Court’s observations on merits.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 815.