RAM DASS Vs. SHISHA SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal was decided vide judgment and decree dated 5-4-2001 passed by this Court. The aforesaid judgment, however, came to be set aside by the Hon'ble Supreme Court vide its order dated 16-1-2004 passed in Civil Appeal no. 405 of 2004 on the ground that no substantial question of law has been framed as mandated by Section 100 of the Code of Civil procedure, 1908 (as amended by Act No. 104 of 1976) CPC. Case was accordingly remanded to this Court to decide afresh, after framing substantial question of law.

(2.) ON consideration of the judgments of the Courts below and other material on record and with the assistance of learned counsel for the parties, I am of the opinion that following substantial question of law is involved in the present appeal: "whether agreement to sell can be specifically enforced against the co-sharers (respondent Nos. 2 and 3) who are not parties to the agreement?"

(3.) I have heard the learned counsel for the parties on the above framed substantial question of law.