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Civil Property & InheritanceSupreme Court of India

Pramod Shroff v. Mohan Singh Chopra

Civil Appeal · 2026 INSC 378Decided 16 Apr 2026
C.A. No.-004498-004498 - 2026 (Arising out of SLP (C) No.20779 of 2025)
Justice Sanjay Karol · Justice Augustine George Masih

Background

The appellant had entered into a 1977 agreement to purchase a flat ("Shalimar Apartments," Kolkata) from the respondent for Rs. 95,000, paying Rs. 90,000 and taking possession, with the balance Rs. 5,000 payable on execution of the conveyance deed. When the respondent neither accepted the balance nor executed the conveyance despite repeated requests, the appellant filed a suit for specific performance. The respondent did not contest the proceedings at any stage (trial court, High Court, or Supreme Court), and the suit went ex parte; the trial court dismissed it on the ground that the appellant failed to prove the respondent's title to the property, and the Calcutta High Court affirmed. Notably, no formal issue on the respondent's title had ever been framed, so the appellant argued he was never put on notice that he needed to prove title.

Decision Breakdown

The Supreme Court, after appointing an amicus curiae since the respondent remained unrepresented throughout, held that although formal framing of issues is not strictly mandatory in an ex parte suit under Order XIV Rule 6 CPC, a judgment even in a default/ex parte case must still comply with Order XX Rule 4 CPC by identifying "points for determination" and giving reasoned answers: merely granting or refusing a decree by default is a "material irregularity." The Court laid down the test: omission to frame an issue vitiates the trial only if it caused actual prejudice, judged by whether the parties knew a particular question was in controversy and had the opportunity to lead evidence on it. Applying settled law on specific performance (a valid contract, breach by the defendant, and the plaintiff's readiness and willingness), the Court found the appellant had established these essentials, but was never given notice or opportunity to prove the respondent's title, since no issue or pleading on title had ever been raised. It therefore held the trial court's judgment defective under the CPC, set aside both lower courts' orders, and remanded the matter to the trial court for a fresh trial with issues properly framed and evidence-led opportunity for both sides.

Lesson Learnt

Even when a case is decided ex parte because a defendant chooses not to appear, courts cannot decide the dispute on an issue neither party pleaded nor had a chance to present evidence on: a judgment, default or otherwise, must be reasoned and address the actual points genuinely in controversy between the parties, or it risks being set aside on appeal.

Pramod Shroff v. Mohan Singh Chopra – Legal Case Shots | LegalAware