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march 2012

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.

Hardeep Kaur vs Malkiat Kaur · Niyam