Second appeal on substantial questions of law requires prior notice and hearing before decision; remand followed for fresh disposal.

In a second appeal, substantial questions of law formulated by the Court must be disclosed to the parties, and they must be given a fair opportunity to address those questions before disposal. Section 100 CPC is designed to confine the hearing to the precise legal issues and prevent surprise. Because the record did not show that the parties were heard after the questions were framed, the second appeal could not be treated as validly decided on merits. The SC set aside the High Court's decision and remitted the matter for fresh consideration and de novo disposal in accordance with law.

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Issues: Whether a second appeal can be decided on substantial questions of law formulated by the Court without first apprising the parties of those questions and affording them an opportunity of hearing; and whether, on that account, the matter required remand to the High Court.

Analysis: Section 100 of the Code of Civil Procedure requires the memorandum of appeal to state the substantial questions of law involved, and where the Court itself formulates such questions, the parties must be made aware of them and given a fair opportunity to address them. The object of the provision is to confine the hearing to the precise questions of law and to ensure that neither side is taken by surprise. As the record did not show that the parties were afforded such an opportunity after the questions were framed, the second appeal could not be treated as having been validly decided on merits.

Conclusion: The High Court's decision was set aside and the matter was remitted for fresh consideration after formulation of substantial questions of law and hearing the parties thereon.

Final Conclusion: The appeal succeeded to the extent that the judgment under challenge was vacated and the second appeal was sent back for de novo disposal in accordance with law.

Ratio Decidendi: Where a second appeal is heard on substantial questions of law formulated by the Court, those questions must be disclosed to the parties and they must be given a real opportunity to argue them before the appeal is decided.

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