(1.) THIS second appeal was decided and was allowed by the Court vide judgment and order dated 17.4.1999. However, the aforesaid judgment and order of the High Court was set aside by the Apex Court and the matter was remanded vide judgment and order dated 29th October, 1999 passed in Civil Appeal No. Nil of 1999 on a technical ground that the appeal was decided and allowed without formulating substantial question of law.
(2.) ON remand, upon hearing the parties the following substantial question of law was formulated by the Court on 11.9.2000:
(3.) THE record including the order sheet of the Courts below have been perused by me.