SHEIKH FARJAN MIAN (DEAD) BY LRS. vs TEJU SAHU — C.A. No. 5218/1998

Case Summary: C.A. No. 5218/1998 Outcome: The Supreme Court allowed the appeal, set aside the High Court judgment, and remitted the matter to the trial court for reconsideration. The Court found the High Court erred in raising the "time is essence of contract" argument for the first time at the second appeal stage, despite no plea or issue being framed on this matter. The trial court is directed to frame fresh issues and permit the parties to lead evidence, including the plaintiff's opportunity to prove tender of consideration money by 13.4.1974. Next Steps: Matter remanded to trial court for new proceedings on properly framed issues with fresh evidence. No costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.