Legal Analysis: Pramod Shroff vs. Mohan Singh Chopra

Citation: 2026 INSC 378
Court: Supreme Court of India
Bench: Justice Sanjay Karol and Justice Augustine George Masih (Division Bench)
Judgment Author: Justice Augustine George Masih
Date of Decision: April 16, 2026
Nature of Judgment: Civil Appeal under Article 136 against High Court judgment affirming ex parte dismissal of specific performance suit.

Synopsis of the Judgment

The appellant filed a suit for specific performance of an agreement to sell. The defendant (respondent) did not appear, and the suit proceeded ex parte. The trial court dismissed the suit on the ground that the appellant failed to prove the defendant’s title to the property. The High Court affirmed. The Supreme Court held that while framing of formal issues is not mandatory in an ex parte suit under Order XIV Rule 6 CPC, the judgment must still contain “points for determination” with reasoned findings. The trial court had not framed any issue regarding the defendant’s title, and the appellant had no notice or opportunity to lead evidence on that point, causing prejudice. The matter was remanded for fresh trial with proper framing of issues.

1. Basic Information of the Judgment

Field Details Case Title Pramod Shroff vs. Mohan Singh Chopra Civil Appeal No. Arising out of SLP(C) No. 20779 of 2025 Bench Justice Sanjay Karol and Justice Augustine George Masih Date of Decision April 16, 2026 Citation 2026 INSC 378 Appeal From Judgment dated 21.01.2025 of Calcutta High Court in F.A.T No. 47/2018

2. Legal Framework

Laws Involved:

• Code of Civil Procedure, 1908 (CPC): Section 2(2) (decree), Section 2(9) (judgment), Order VIII Rule 10 (decree on default), Order XIV Rule 1(6) (framing of issues not required when defendant makes no defence), Order XIV Rule 6 (ex parte suits), Order XX Rule 4

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