In Brief
The appellant sought specific performance of an agreement to sell dated 30 March 2000. The trial court dismissed the suit holding it was barred by limitation and that the plaintiff was not ready and willing to perform. The High Court confirmed this dismissal with a cryptic, reasoned order. The Supreme Court held that a first appeal is a valuable right requiring the appellate court to reappreciate evidence and record reasoned findings on all issues in compliance with Order XLI Rule 31 of the CPC. The High Court failed to examine disputed questions of law and fact. The Court set aside the High Court's judgment and remanded the matter for fresh disposal in accordance with law.
The lawyer headnote and full judgment text are available to registered users.