Mandatory formulation of a substantial question of law in second appeals; disposal without it was unsustainable and remanded.

In a second appeal, Section 100 CPC requires the High Court to formulate a substantial question of law before hearing and deciding the matter; an unformulated question can be considered only for recorded reasons under the proviso. As no substantial question of law was formulated before disposal, the High Court did not comply with the statutory mandate and its judgment could not stand. The Supreme Court therefore set aside the High Court's judgment in the second appeal and the review order, and remitted the matter for fresh disposal after proper formulation of the substantial question of law.

---

---

Issues: Whether the High Court could dispose of the second appeal without first formulating a substantial question of law under Section 100 of the Code of Civil Procedure, 1908, and whether the matter was liable to be remanded for fresh disposal in accordance with law.

Analysis: The statutory scheme of Section 100 of the Code of Civil Procedure, 1908 requires the High Court, where it is satisfied that a substantial question of law is involved, to formulate that question and hear the appeal on the question so formulated. The proviso permits consideration of an unformulated substantial question of law only for recorded reasons. Since no substantial question of law had been formulated before the second appeal was decided, the statutory mandate was not complied with. In these circumstances, the High Court's judgment could not be sustained and the matter had to go back for disposal in accordance with law.

Conclusion: The second appeal was not validly disposed of by the High Court for want of compliance with Section 100 of the Code of Civil Procedure, 1908, and remand was justified.

Final Conclusion: The Supreme Court set aside the High Court's judgment in the second appeal as well as the review order and sent the matter back for fresh disposal after formulation of the substantial question of law.

Ratio Decidendi: In a second appeal, compliance with Section 100 of the Code of Civil Procedure, 1908 by formulation of the substantial question of law is mandatory, and a disposal without such formulation is unsustainable.

---