w w w . L a w y e r S e r v i c e s . i n



Rajendra Lalitkumar Agrawal v/s Ratna Ashok Muranjan & Another


Company & Directors' Information:- RATNA INDIA LIMITED [Active] CIN = U25200AP2015PLC096170

Company & Directors' Information:- G N AGRAWAL PRIVATE LIMITED [Amalgamated] CIN = U13209GA1969PTC000089

Company & Directors' Information:- H P AGRAWAL AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032865

Company & Directors' Information:- RATNA LIMITED [Active] CIN = U93000AP2015PLC096486

Company & Directors' Information:- RAJENDRA LIMITED [Strike Off] CIN = U99999KA1943PLC000306

Company & Directors' Information:- A K AGRAWAL AND COMPANY PRIVATE LIMITED [Active] CIN = U22211UP1992PTC014840

Company & Directors' Information:- AGRAWAL AND COMPANY LIMITED [Liquidated] CIN = U74999RJ1945PLC000338

Company & Directors' Information:- RAJENDRA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U17219TZ1948PTC000161

    Civil Appeal No. 1331 of 2019 (Arising out of S.L.P.(C) No. 23299 of 2018)

    Decided On, 31 January 2019

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE ABHAY MANOHAR SAPRE & THE HONOURABLE MR. JUSTICE DINESH MAHESHWARI

    For the Appellant: Bharti Tyagi, Advocate. For the Respondents: R.K. Singh, Ms. Rashmi Singh, Advocates.



Judgment Text

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 06.08.2018 of the High Court of Judicature at Bombay in Second Appeal No. 44 of 2017 whereby the High Court dismissed the second appeal filed by the appellant herein.

3. In order to appreciate the short controversy involved in this appeal, few relevant facts need mention hereinbelow.

4. The appellant is the plaintiff whereas the respondents are the defendants in the civil suit out of which this appeal arises.

5. The appellant filed a civil suit against the respondents for specific performance of the contract in relation to the suit property. The said suit was based on an agreement dated 08.08.1984. The respondents filed their written statement and denied the appellant's claim. The Trial Court by judgment/decree dated 05.07.2004 decreed the appellant's suit and passed a decree for specific performance of the contract against the respondents.

6. The respondents felt aggrieved and filed first appeal before the District Judge, Pune. By judgment/decree dated 10.11.2016, the first Appellate Court allowed the respondents' (defendants') appeal and dismissed the suit. The appellant (plaintiff) felt aggrieved and filed second appeal before the High Court.

7. By impugned order, the High Court dismissed the second appeal holding that the appeal does not involve any substantial question of law as is required to be made out under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") which has given rise to filing of the present appeal by way of special leave by the plaintiff in this Court.

8. The short question, which arises for consideration in this appeal, is whether the High Court was justified in dismissing the plaintiff's second appeal on the ground that it does not involve any substantial question(s) of law within the meaning of Section 100 of the Code.

9. Heard learned counsel for the parties.

10. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the impugned order remand the case to the High Court for deciding the second appeal on merits in accordance with law after framing appropriate substantial question(s) of law arising in the case.

11. Having perused the record and the judgments of the Trial Court, first Appellate Court and the impugned order, we are of the considered view that the High Court was not right in holding that the appeal does not involve any substantial question of law within the meaning of Section 100 of the Code. In our view, the appeal did involve the substantial question of law and the same, therefore, should have been framed at the time of admission of the second appeal as provided under Section 100 (4) of the Code for its final hearing. Indeed Section 100 (5) of the Code provides that the appeal shall be heard only on the substantial question of law framed by the High Court under Section 100 (4) of the Code.

12. It cannot be disputed that the interpretation of any terms and conditions of a document (such as the agreement dated 08.08.1984 in this case) constitutes a substantial question of law within the meaning of Section 100 of the Code. It is more so when both the parties admit the document.

13. As mentioned above, since the interpretation of documents constitutes the substantial question of law, the High Court should have first framed appropriate substantial question(s) arising in the case especially on the questions in relation to the true intent, rights and obligations arising from Clauses 3, 5 and 15 of the agreement dated 08.08.1984 in the context of pleadings and the reversing findings of the two Courts below and then should have called upon the respondents to reply to the questions framed keeping in view its jurisdiction under Section 100(5) of the Code and its proviso.

14. In addition, the High Court also could have framed questions on the issues, which are material for grant or refusal of specific performance keeping in view the requirements of Section 16 of the Specific Relief Act, pleadings of the parties, and the reversing findings of the two Courts below on such issues with a view to find out as to which finding is more preferable.

15. From the reading the impugned order, we find that, on one hand, the High Court went on interpreting the terms of the document after hearing the argument of both sides (see appearance of both parties through lawyers) and on the other hand, in conclusion, held that it does not involve any substantial question of law. It virtually, therefore, decided the second appeal bipartite like the first appeal without keeping in view the scope of its jurisdiction conferred by Section 100 (4) and (5) of the Code. In our view, the approach of the High Court while deciding the second appeal was not in conformity with the requirements of Section 100 of the Code.

16. Learned counsel for the respondents(defendants), however, vehemently argued that the findings of the High Court, which are of affirmance, do not call for any interference which rightly resulted in dismissal of the suit on material issues but, in our view, it is now for the High Court to examine the issue afresh on merits after framing the substantial question(s) of law. We, therefore, express no opinion on the merits of the issues urged.

17. In the light of the foregoing discussion, we refrain fr

Please Login To View The Full Judgment!

om entering into the merits of the case having formed an opinion to remand the case and while allowing the appeal and setting aside the impugned order remand the case to the High Court with a request to admit the appeal and frame appropriate substantial question(s) of law which arise(s) in the case in terms of Section 100 (4) of the Code and then decide the second appeal on merits by answering the question(s) framed as per Section 100 (5) of the Code in accordance with law without being influenced by any of our observations on merits. 18. The appeal is accordingly allowed. The impugned order is set aside.
O R







Judgements of Similar Parties

12-10-2020 Rajendra Versus The State of Maharashtra, Revenue and Forest Department, Mantralay, Mumbai -32, Through the Principal Secretary & Another In the High Court of Bombay at Aurangabad
12-10-2020 M/S. Renuka Poultry Farm Rep. By Its Managing Partner, Sri Badraiah, Karnataka Versus M/s. State Bank of India Rep By Its Assistant General Manager A Rajendra Prasad National Consumer Disputes Redressal Commission NCDRC
06-10-2020 Rajendra Eknath Apugade & Another Versus The State of Maharashtra & Another High Court of Judicature at Bombay
21-09-2020 State Bank of India Versus Vineet Agrawal, Assistant Commissioner of Income Tax & Others High Court of Judicature at Bombay
02-09-2020 Rajendra Agrawal Versus Omkar Singh & Others High Court of Chhattisgarh
31-08-2020 Rajendra Singh Versus Union of India & Others High Court of Delhi
27-08-2020 Girija Devi Agrawal Versus State of Chhattisgarh Through The Secretary, Department of Panchayat And Social Welfare & Others High Court of Chhattisgarh
24-08-2020 M/s. Govindhji Jewat & Co., Represented by its Partner Rajendra Kone & Others Versus M/s. Rukmani Mills Ltd., Represented by its Board of Directors, Madurai & Others Before the Madurai Bench of Madras High Court
13-08-2020 Sunil Agrawal Versus Chhattisgarh Environment Conservation Board, Through its Chairman, Naya Raipur (C.G.) & Others High Court of Chhattisgarh
11-08-2020 Atalbiharikumar Rajendra Mandal Versus State of Gujarat High Court of Gujarat At Ahmedabad
23-07-2020 Bajaj Allianz General Insurance Co. Ltd., through its Authorized signatory, Pravin Prabhakar Prabhu Versus Kameshwari Rajendra Sabnis & Others In the High Court of Bombay at Goa
30-06-2020 Union Bank of India, Through Shri R. Rajendra Prasad, Branch Manager, Raichur Versus M/s. Tirumala Enterprises, Raichur National Consumer Disputes Redressal Commission NCDRC
24-06-2020 Prakash Agrawal Versus State of Madhya Pradesh & Another High Court of Madhya Pradesh
18-06-2020 Rajendra Singh & Others Versus National Insurance Company Limited & Others Supreme Court of India
12-06-2020 Fazal Khalil Ahemad Shaikh Versus Nandkishor Ramnivasji Agrawal & Another In the High Court of Bombay at Aurangabad
27-05-2020 Dr. Ojasvini Agrawal Versus Union of India & Others High Court of Delhi
26-05-2020 Rajendra Kumar & Others Versus Raj Kumar High Court of Judicature at Allahabad
19-05-2020 Transport Manager, Thane Municipal Transport Undertaking Versus Rajendra Visanji Thakkar & Another High Court of Judicature at Bombay
14-05-2020 Rajendra Kumar Chandrol Versus High Court of Madhya Pradesh
13-05-2020 Ramnath Agrawal & Others Versus Food Corporation of India & Others Supreme Court of India
13-05-2020 Ojasvini Agrawal Versus Union of India & Others High Court of Delhi
28-04-2020 HRT Builders, rep. by its Managing Partner Thondepu Ratna Srinivas Versus State of A.P. rep by its Principal Secretary, Home Department, Velagapudi & Another High Court of Andhra Pradesh
21-04-2020 Babu Rajendra Versus Basalingappa & Others High Court of Karnataka Circuit Bench OF Kalaburagi
18-03-2020 State of M.P. & Others Versus Rajendra Kumar Sharma High Court of Madhya Pradesh Bench at Gwailor
18-03-2020 Ritesh Rajendra Thakur Versus State of Maharashtra Through its Secretary, Tribal Development Department & Another High Court of Judicature at Bombay
17-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
17-03-2020 Prabha Agrawal Versus State of M.P. & Others High Court of Madhya Pradesh
16-03-2020 Satish Kumar Khandelwal V/S Rajendra Jain & Others High Court of Madhya Pradesh Bench at Indore
12-03-2020 Rajendra & Others Versus The State of Maharashtra In the High Court of Bombay at Aurangabad
27-02-2020 Kailash Agrawal Versus Ganesh Ram Porte High Court of Chhattisgarh
24-02-2020 Manaj Tollway Private Limited Versus Rajendra Rahane Superintending Engineer & Others High Court of Judicature at Bombay
19-02-2020 Rajendra K. Bhutta Versus Maharashtra Housing and Area Development Authority & Another Supreme Court of India
13-02-2020 Life Insurance Corporation of India Through Its Zonal Manager, Life Insurance Corporation Of India, New Delhi Versus Rajendra Sudamrao Shinde & Another National Consumer Disputes Redressal Commission NCDRC
12-02-2020 Kandula Radha & Others Versus Kumari Narra Naga Yellamani Ratna Teja & Others High Court of Andhra Pradesh
11-02-2020 Nisar Ahmad Versus Rajendra Kumar Soni & Others High Court of Delhi
11-02-2020 Ratna Devi Versus State of Haryana & Others High Court of Punjab and Haryana
10-02-2020 Rajendra Versus Jugalkishor & Others In the High Court of Bombay at Nagpur
10-02-2020 B.B. Agrawal Versus Reserve Bank of India, Regional Office, Ramgarh Circle, Through Regional Director, Jaipur & Another High Court of Rajasthan Jaipur Bench
10-02-2020 Mukul Agrawal & Others Versus State of U.P. & Another Supreme Court of India
07-02-2020 Ratna Versus Sanjay High Court of Judicature at Bombay
06-02-2020 Vundavalli Ratna Manikyam & Another Versus V.P.P.R.N. Prasada Rao Supreme Court of India
04-02-2020 Kiran Devi Agrawal & Others Versus State of Chhattisgarh & Others High Court of Chhattisgarh
04-02-2020 Gangadhar Narsingas Agrawal (HUF) Versus The Assistant Commissioner of Income Tax, Circle – 1 In the High Court of Bombay at Goa
03-02-2020 Punjab National Bank V/S Ankit Agrawal and Others. Debts Recovery Tribunal Delhi
22-01-2020 Ratna Debnath Versus Narayan Debnath High Court of Tripura
17-01-2020 Sanjiv Rajendra Bhatt Thro Shweta Sanjiv Bhatt Versus State of Rajasthan High Court of Gujarat At Ahmedabad
17-01-2020 Rajendra Mishra Versus State of Bihar & Others High Court of Judicature at Patna
17-01-2020 Rajendra Saxena & Another Versus Sharda Ratnam & Another High Court of Judicature at Bombay
16-01-2020 Divisional Railway Manager Versus Sheetal Agrawal Chhatisgarh State Consumer Disputes Redressal Commission Raipur
16-01-2020 Rajendra Kumar Verma & Another Versus Dolly Rani Bag & Others National Consumer Disputes Redressal Commission NCDRC
10-01-2020 Goutam Buddha Agrawal Versus Satyanarayan Sharma & Others High Court of Chhattisgarh
10-01-2020 Harendra Ramchandra Pathak Versus Rajendra Ratan Mhatre High Court of Judicature at Bombay
07-01-2020 Jyoti Agrawal & Another Versus Indu Bai & Another High Court of Chhattisgarh
06-01-2020 Rajendra Kumar Khera & Others Versus U.P. Awas Vikas Parishad & Another National Consumer Disputes Redressal Commission NCDRC
06-01-2020 Dr. N. Rajendra Prasad & Others Versus Lingampally Srinivas & Others Telangana State Consumer Disputes Redressal Commission Hyderabad
02-01-2020 Ankit Agrawal & Others Versus State of Chhattisgarh High Court of Chhattisgarh
26-12-2019 Rajendra Manohar Kowli & Another Versus Bank of India Debts Recovery Appellate Tribunal At Mumbai
26-12-2019 Rajendra Girdhar Patel Versus State Of Gujarat & Others High Court of Gujarat At Ahmedabad
19-12-2019 Shashi Agrawal Versus Branch Manager, SBI Life Insurance Company Limited Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
10-12-2019 Rajendra Diwan Versus Pradeep Kumar Ranibala & Another Supreme Court of India
06-12-2019 Gidda Ratna Kumari Versus Sunkavalli Naga Kantha Siromani High Court of Andhra Pradesh
03-12-2019 Rajendra Singh Tomar & Others Versus State of Uttarakhand Through Secretary & Others Supreme Court of India
02-12-2019 Sathi Khurana Versus Rajendra Singh Khurana High Court of Judicature at Calcutta
02-12-2019 State Bank of India & Another Versus Kalpana Agrawal & Others Debts Recovery Appellate Tribunal at Allahabad
02-12-2019 Ajit Rajendra Bhagwat & Others Versus The State of Maharashtra, Through its Secretary, Higher and Technical Education Mantralaya & Others High Court of Judicature at Bombay
28-11-2019 Balasaheb Govind Basugade Versus Rajendra Shivaji Kumthekar & Others High Court of Judicature at Bombay
20-11-2019 Jaihind Sahakari Pani Purvatha Mandali Ltd. Shirdhon, Kolhapur Versus Rajendra Bandu Khot & Others High Court of Judicature at Bombay
07-11-2019 Badrinarayan Gaurishankar Palasaniya. Deceased through His L.Rs.: (Died on 28.10.2014) & Others Versus Omprakash Sitaram Agrawal & Another In the High Court of Bombay at Aurangabad
07-11-2019 Ratna Versus Life Insurance Corporation of India & Others National Consumer Disputes Redressal Commission NCDRC
05-11-2019 Durgadas Versus Jayshri Hemraj Agrawal In the High Court of Bombay at Nagpur
02-11-2019 Rajendra Prasad Versus Sikkim University & Others High Court of Sikkim
25-10-2019 K. Rajendra Prasad & Others Versus State of Andhra Pradesh & Others High Court of Andhra Pradesh
24-10-2019 Sobodh Kumar Agrawal Versus Eih Ltd. National Company Law Appellate Tribunal
22-10-2019 Steel Authority of India Limited Central Marketing Organization Through Assistant General Manager (Marketing) Regional Office, Maharashtra Versus Lalit Agrawal & Others High Court of Chhattisgarh
18-10-2019 Rekha Agrawal Versus Ramu Sharma High Court of Madhya Pradesh
18-10-2019 Rajendra Agrawal Versus State of Bihar & Others High Court of Judicature at Patna
16-10-2019 Mahavir Prasad Agrawal Versus Indian Oil Corporation Limited Registered Office At Yavar Jung Marg, Mumbai & Others High Court of Chhattisgarh
14-10-2019 Rajasthan Housing Board Versus Rohit Agrawal National Consumer Disputes Redressal Commission NCDRC
11-10-2019 New India Assurance Co. Ltd. Versus Rajendra Kumar & Another Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
04-10-2019 Sapnesh Agrawal & Others Versus State of M.P. & Another High Court of Madhya Pradesh
25-09-2019 Kalpana Rajendra Kothari & Others Versus Santosh Arvind Jangam & Another In the High Court of Bombay at Aurangabad
24-09-2019 Mukesh Kumar Agrawal Versus District Magistrate, District Raipur (C.G.) & Others High Court of Chhattisgarh
12-09-2019 The Indian Church Council of The Disciples of Christ Through Its Executive Secretary A.D. James, Chhattisgarh & Another Versus Krishna Kumar Agrawal & Others High Court of Chhattisgarh
11-09-2019 Krushna Shivaji Patil Versus Parmanand Rajendra Patil & Another In the High Court of Bombay at Aurangabad
05-09-2019 M/s. Sugesan Transport Pvt. Ltd., Rep. by its Director, Kanthibai Rajendra Sheth Versus M/s. E.C. Bose & Company Private Limited, Kolkata & Others High Court of Judicature at Madras
04-09-2019 Gaurav Agrawal Versus Tuf Metallurgical (P) Ltd. & Another National Company Law Appellate Tribunal
03-09-2019 Raju @ Rajendra Versus State of U.P. High Court of Judicature at Allahabad
23-08-2019 Kushal Kawaduji Singanjude Versus Ramnarayan Durgaprasad Agrawal (Kejadiwal) In the High Court of Bombay at Nagpur
16-08-2019 Rajendra Mahadeorao Chaudhary Versus Gajanan Keshavrao Bore In the High Court of Bombay at Nagpur
06-08-2019 Rajendra Kumar Goyal & Another Versus South City Project (Kolkata) Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
06-08-2019 Rajendra Pandit Versus Union of India, Through the Secretary Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-08-2019 Rajendra Versus The State of Maharashtra & Others In the High Court of Bombay at Aurangabad
02-08-2019 Simran Agrawal & Another Versus Incharge, Ganapati Cellulars & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
30-07-2019 N. Rajendra Reddy Versus The Block Development Officer, Sholingur Panchayat Union, Vellore District & Others High Court of Judicature at Madras
29-07-2019 Santosh Madanlal Agrawal Versus Bhagwat Ragho Karad & Others In the High Court of Bombay at Aurangabad
29-07-2019 Rajendra Versus Gopinath In the High Court of Bombay at Aurangabad
29-07-2019 Rajendra Versus Vikas & Others In the High Court of Bombay at Aurangabad
26-07-2019 Rajendra Agarwal & Others Versus State of U.P. & Another High Court Of Judicature At Allahabad Lucknow Bench
22-07-2019 Rajendra Prasad Sharma Versus M/s. Hartin Harris Ltd. High Court of Judicature at Calcutta
18-07-2019 Sujan Bhabani Prasad Chatterjee & Another Versus Rajendra Kumar Singh & Another High Court of Judicature at Bombay