GURUSIDDAPPA KUMBAR Vs. BASAVANNEPPA B KUMBHAR

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties.

(3.) This Court has repeatedly declared that section 100 obligates the Court only to hear the second appeal on the substantial question of law so formulated and then decide the same. We find the High Court has decided this case without recording whether there is any substantial question of law and without framing the same. Hence, the impugned order of the High Court cannot be sustained. Accordingly, we set aside the order, dated 9th March, 1998 and send the case back to the High Court for re-deciding it in accordance with law. The High Court shall now examine the case afresh whether there is any substantial question of law or not and if it arises, frame the same and then dispose it of in accordance with law.