- (1.) Leave granted. Heard counsel for the parties.
(2.) This appeal is directed against the judgment of the High Court of Karnataka allowing the second appeal preferred by the plaintiff- respondent, whereby the suit filed by the plaintiff was decreed. This Court on number of occasions has repeatedly held that the High Court acquires jurisdiction under Section 100 of the code of Civil Procedure to decide a second appeal on merits only when it frames substantial question of law. In this case, we find that the High Court without framing any substantial question of law has allowed the second appeal. It is only on this short ground the appeal deserves to be allowed. We, accordingly, set aside the judgment under challenge and send the case back to the High Court to decide the appeal in terms of Section 100 of the code of Civil Procedure.
(3.) The appeal is allowed. There shall be no order as to costs. Appeal allowed. Matter remanded.;