(1) DELAY condoned. (2) LEAVE granted. (3) WE have heard learned counsel for the parties finally in these appeals and the same are being disposed of by this order. (4) THE short question is whether in second appeal the High Court could have interfered with pure findings of fact on the supposition that as per para 32 of the Himachal Pradesh (Courts) Order, 1948 the High Court had jurisdiction in second appeal to interfere with pure findings of fact and whether all questions of fact were open as noted in the impugned judgment. (5) IT is obvious that the said para 32 of the Himachal Pradesh (Courts) Order, 1948 could no longer survive after the establishment of the Himachal Pradesh High Court wherein Section 100 of the Code of Civil Procedure would be applicable for deciding second appeals. (6) LEARNED counsel for the respondent also could not support the aforesaid reasoning of the High Court. Only on this short ground and without expressing any opinion on the merits of the controversy between the parties these appeals are allowed. The second appeal will be required to be decided keeping in view the limited jurisdiction of the High Court under Section 100 CPC and after following the procedure laid down therein. As admittedly that is not done and on a wrong supposition that all the questions of fact were open for consideration of the High Court on the basis of para 32 of the aforesaid Himachal Pradesh (Courts) Order the second appeal was decided, remand thereof has become necessary, keeping in view the judgment of this Court in the case of Kshitish Chandra Purkait v. Santosh Kumar Purkait. (7) THE impugned order in second appeal as well as the order in review petition are set aside and Second Appeal No. 113 of 1988 is restored on the file of the High Court with a request to redecide the same on merits, after hearing the parties and keeping in view the limited jurisdiction of the High Court under Section 100 CPC. (8) AS the litigation between the parties is pending since years and the second appeal which is being restored is of 1988 we request the High Court to make it convenient to decide the remanded second appeal at the earliest and preferably within a period of four months from the date of receipt of a copy of this order at its end under Section 100 CPC. (9) NO costs.