In Brief
A second appeal under Section 100 of the Code of Civil Procedure cannot be heard unless the High Court first identifies and formally frames the substantial questions of law involved, before hearing arguments. The Supreme Court held that the High Court erred when it admitted the appeal without framing any question of law and then heard arguments and only formulated questions in its judgment. The Court emphasized that parties must know in advance which legal questions will be decided so they can properly assist the Court. The judgment was set aside and the case remanded to the High Court to frame substantial questions of law and rehear the parties before deciding the appeal.
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