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/-
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.
[G.S. SINGHVI] New Delhi, March 02, 2009.