MATHAR BATHUAMMAL BEEVI Vs. NAGOORAMMAL

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties. Notice was issued limited to the question whether the High Court was right in deciding the second appeal without framing any substantial question of law. We find the High Court has decided the second appeal without framing any substantial question of law nor it has decided on any substantial question of law. In view of Section 100 civil Procedure Code as amended, in catena of decisions, this court has held that the High Court should only dispose of the second appeals by framing substantial question of law and deciding on it. In the present case, that has not been done. Hence, the impugned judgment cannot be sustained. Accordingly, the same is quashed. We remand the case back to the High Court for deciding the second appeal afresh after framing substantial question of law, if it so arises and then to decide on it. With the said direction, the present appeal is allowed. Costs on the parties. Appeal allowed.