ORDER 1.Heard the learned counsel for the parties. 2.Leave is granted. 3. Inasmuch as the order under challenge passed by the High Court has to be set aside on the short question of not following the requirements of Section 100 CPC, we do not propose to go into the merits of the case. Suffice it to say that the High Court has erred in not fOllowing the requirements of Section 100 CPC which enjoin framing of a substantial question of law and hearing of second appeal on that question. Without so doing the High Court allowed the plaintiffs second appeal by the impugned judgment and decree. Aggrieved by that judgment and decree the defendant filed this appeal by . special leave. 4. For the aforementioned reason the order under appeal is set aside. (See Panchugopal Barua v. Umesh Chandra Goswami1 and Kshitish Chandra Purkait v. Santosh Kumar Purkait2.) The matter is remitted to the High Court for considering whether in its opinion any substantial question of law arises in the second appeal, if such a question arises, then frame the question and decide the same in accordance with law. The appeal is accordingly allowed. No costs.