SC: Interpretation of documents constitutes a substantial question of law.

The Hon’ble Supreme Court, on 31stJanuary 2019, in the matter of Shri Rajendra Lalitkumar Agrawal v. Smt. Ratna Ashok Muranjan & Anr. pronounced that within the meaning of Section 100 of Code of Civil Procedure, interpretation of any terms and conditions of a document constitutes a substantial question of law and it is more so when both parties admit the document.

The Hon’ble Supreme Court observed that

Interpretation of any terms and conditions of a document (such as an agreement) constitutes a substantial question of law within the meaning of Section 100 of the Code of Civil Procedure, 1908. It is more so when both the parties admit the document. (Para 12)

Since the interpretation of documents constitutes a substantial question of law, the High Court should first frame appropriate substantial question(s) arising in the case especially on the questions in relation to the true intent, rights and obligations arising from the document in the context of pleadings and the reversing findings of the Courts below and then should call upon the respondents to reply to the questions framed keeping in view its jurisdiction under Section 100(5) of the Code and its proviso. (Para 13)

Copy of judgment: Judgement_31-Jan-2019

-Tushar Kaushik

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