( 1 ) HEARD learned Counsel for the parties. ( 2 ) THE present defendant-assignees appeal is directed against the judgment and decree passed by the High Court in second appeal by which it reversed the judgment and decree of the first Appellate Court by allowing the second appeal and decreeing the suit for partition. ( 3 ) THE short facts are that the plaintiff first respondent claimed that the plaint schedule property was partible among himself and defendant nos. 1 to 3. The first defendant assigned the property on 1. 7. 1942. Since then it changed several assignees by registered deeds and finally came into the hand of the appellant through a registered assignment deed, Exhibit N-12, dated 13th November, 1974. I The suit for partition by plaintiff was contested by the present appellant that plaintiff and defendant nos. 1 to 3 are not in possession since 1942 and they lost their title by adverse possession. ( 4 ) THE trial court decreed the suit while the Appellate Court reversed it by holding that plaintiffs and defendants 1 to 3 lost their title by adverse possession, hence the suit was dismissed. /in second appeal the High Court reversed this finding by considering both the fact and the law. pie find that High Court committed error while exercising its powers under Section 100, CPC The judgment of the first Appellate Court was set aside without framing any substantial question of law! The law on this subject is very clear. This Court has repeatedly held, in catena of decisions that the High Court must, while deciding the second appeal, frame substantial question of law, if it arises before adjudicating the same. In the present case, we find no substantial question of law has been framed or decided in the second appeal In view of this, the present impugned judgment is unsustainable and accordingly the same is quashed. We remand the case back to the High Court to decide the second appeal again, on any substantial question of law, in case, not framed, by framing it in case it arises on the facts and circumstances of the case and dispose it of in accordance with law. ( 5 ) WITH the aforesaid observations, the present appeal is allowed. Costs on the parties. Observation made by us is without prejudice to the rights of the parties.