IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6428 OF 2008 (Arising out of S.L.P. (C) No.5893 of 2007)

Sardar Mohd.        ...Appellant(s)

Versus

Jag Mohan & Anr.       ...Respondent(s)

O  R  D  E  R

Heard learned counsel for both the sides.

Leave granted.

In view of the fact that we are inclined to remand the matter to the High

Court for fresh disposal, there is no need to traverse or refer all the factual details.   

It is seen that the High Court dismissed the Regular Second Appeal at the

admission stage finding that both the courts below have concurrently arrived at a

conclusion.  It is pointed out that the Trial Court decreed the suit only to the extent of

refund of earnest money with interest.  In appeal, the First Appellate Court allowed

the same.  In other words, the suit filed by the plaintiff-appellant shall stand decreed

in toto.   

On going through the orders passed by the Trial Court as well as by the

First  Appellate  Court,  we  are  of  the  view  that  the  High  Court  ought  to  have

considered the substantial question  of  law/grounds  raised  in  the  second appeal

and

....2/-

- 2 -

decided the matter one way or the other.  Such a recourse has not been followed by

the High Court.  In this view, we set aside the impugned order of the High Court

dated 7th September, 2006, without expressing any opinion on the merits of the case of

both the sides.  It is for the High Court to consider the case of both the parties and

dispose of the second appeal in accordance with law as expeditiously as possible.

The civil appeal is, accordingly, disposed of.

......................J.       [P. SATHASIVAM]

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

New Delhi, November 03, 2008.