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Supreme Court of India 2019-01-31 allowed

Rajendra Lalitkumar Agrawal vs Ratna Ashok Muranjan & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant sought specific performance of a property sale agreement. The Trial Court granted the decree, but the first appellate court reversed it. The High Court dismissed the second appeal, holding it involved no substantial question of law. The Supreme Court allowed the appeal, holding that interpreting contractual terms (especially admitted documents) raises a substantial question of law under Section 100 of the Code of Civil Procedure. The Court found the High Court improperly dismissed the appeal without framing such questions as required by law. The case was remanded to the High Court to admit the appeal, frame appropriate substantial questions concerning the agreement clauses and specific performance principles, and then decide on merits."

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Civil Procedure Second Appeal Specific Performance Substantial Question of Law

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