Supreme Court of India · 2012-03-16
Hardeep Kaur vs Malkiat Kaur
- Citation / case number
- AIR 2012 SC (SUPP) 80
- Court
- Supreme Court of India
- Petitioner
- Hardeep Kaur
- Respondent
- Malkiat Kaur
- Author
- R.M. Lodha
- Bench
- R.M. Lodha, H.L. Gokhale
Judgment text excerpt
The Supreme Court held that a second appeal under Section 100 of the Code of Civil Procedure can only be entertained on a substantial question of law, and it is imperative for the High Court to formulate such a question before intervening in the lower appellate court's judgment. The Court reinstated the trial court's decree for specific performance of the contract dated May 22, 1993, emphasizing that the plaintiff had been ready and willing to perform her part of the contract, while the defendant failed to execute the sale deed despite receiving earnest money. The appeal was allowed, restoring the trial court's order for the execution of the sale deed.