SUBRAY GOPAL KRISHNA HEGDE Vs. PRABHAKAR VENKATARAMANA

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the parties.

(3.) We find that the impugned order dated 2nd April, 1998 disposing of second Appeal No. 240 of 1998 has interfered with the finding of fact recorded by the two Courts below without framing any substantial question of law. This court has repeatedly stated in various decisions that the High Court while disposing of the Second Appeal under section 100 of the Code of Civil Procedure, should first formulate the substantial question of law if arises, and then dispose of the same in terms of Section 100 civil Procedure Code. In the present case, the High court has committed the error in disposing of the Second Appeal without framing any substantial question of law. Accordingly, the said High Court order is not sustainable and is hereby quashed.