IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1356 OF 2009 (Arising out of S.L.P. (C) No.22290 of 2007)

Hazura Singh (Dead) Thr. L.R.        ...Appellant(s)

Versus

Gurdial Singh & Ors.       ...Respondent(s)

O  R  D  E  R

Leave granted.

The suit for specific performance of an agreement to sell land measuring

12 bighas 4 biswas situated in Village - Hasan, Tehsil - Sarhand, District - Patiala

filed by the plaintiffs (respondents herein) was decreed by Sub Judge, Bassi against

the defendants (appellants herein) with a direction to them to execute the sale deed on

payment of the balance price.  The appeal preferred by the appellants was dismissed

by  Additional  District  Judge,  Patiala.   However,  the  second  appeal  filed  by  the

appellants  was  allowed by  the  High  Court  and the  judgments  and decrees  of  the

Courts below were modified by directing that  the respondents  shall  be entitled to

interest on the balance amount deposited by him in the trial Court.

We have heard learned counsel for the parties.

A perusal of the impugned order shows that the High Court disposed of

the second appeal without framing any substantial question of law.  It is settled law

that in terms

...2/-

- 2 -  

of Section 100 of the Code of Civil Procedure, the High Court is required to frame

substantial question of law and then only second appeal can be allowed.  Since, the

High Court has failed to frame substantial question of law, the order under challenge

is liable to be set aside.

Accordingly, the appeal is allowed, impugned order rendered by the High

Court is set aside and the matter is remanded to the High Court.  Now, the High

Court shall  consider whether any substantial  question of  law arises  in the second

appeal or not and if it comes to the conclusion that any such question of law arises,

the same shall be framed and, thereafter, the appeal shall be decided in accordance

with law after giving opportunity of hearing to the parties.  

......................J.

     [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, March 02, 2009.