Mandatory framing of a substantial question of law governs second appeals, and omission justifies remand for fresh consideration.

A second appeal under the Code of Civil Procedure can be heard only when a substantial question of law is involved, and the High Court must first identify and formulate that question before deciding the appeal. That framing requirement is mandatory because it defines the scope of argument and ensures the appeal is considered on the correct legal basis. If the High Court decides the matter without doing so, the appellate judgment is vitiated and the proper course is remand for fresh consideration, including a prior determination of whether any substantial question of law arises.

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Issues: Whether the High Court could decide a second appeal without first formulating a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, and whether the matter required remand.

Analysis: Section 100 of the Code of Civil Procedure, 1908 permits a second appeal only when a substantial question of law is involved, and the High Court must precisely state and formulate that question before hearing the appeal. Formulation of the question is mandatory because it directs the scope of arguments and ensures that the appeal is considered in the correct legal perspective. The High Court did not comply with this requirement and proceeded to decide the second appeal without addressing whether any substantial question of law arose. In these circumstances, the proper course was to set aside the judgment and remit the matter so that the High Court could first determine whether such a question existed and, if so, formulate and decide it in accordance with law.

Conclusion: The High Court's judgment in second appeal could not stand, and remand was warranted because the mandatory requirement of framing a substantial question of law had not been followed.

Final Conclusion: The appeal succeeded, the impugned judgment of the High Court was set aside, and the second appeal was sent back for fresh consideration in accordance with Section 100 of the Code of Civil Procedure, 1908.

Ratio Decidendi: A second appeal cannot be heard or decided unless the High Court first formulates the substantial question of law involved, and failure to do so vitiates the appellate decision and justifies remand.

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