ORDER 1. This appeal is by Defendant 1 assailing the judgment and decree passed by the High Court in the second appeal. Respondent 1 herein filed the suit for declaration that the sale deed executed in favour of Defendant 1 was void ab initio and not binding on it and also for recovery of possession of the suit property. The trial court dismissed the suit. The plaintiff unsuccessfully filed the first appeal. It pursued the matter further by filing the second appeal in the High Court. 2. The High Court, by the impugned judgment, reversed the concurrent findings recorded by the two courts below and decreed the suit of the plaintiff. 3. The learned counsel for the appellant submitted that the High Court committed a serious error in setting aside the concurrent findings recorded by both the courts below, without formulating any substantial question of law, as is mandatorily required under Section 100 of the Code of Civil Procedure, 1908. He added that even otherwise, on the basis of the evidence placed on record, the findings recorded by the High Court in the impugned judgment cannot be sustained. 4. Per contra, the learned counsel for the respondents, while not disputing that the High Court did not formulate any substantial question of law in disposing of the second appeal, supported the impugned judgment on the findings recorded by the High Court. 5. In the view we propose to take, we do not consider it necessary to deal with the rival contentions raised on merits on the basis of the evidence placed on record. We find it difficult to sustain the impugned judgment on the short ground that the High Court did not formulate any substantial questions of law and disposed of the appeal. This Court has repeatedly ruled that under Section 100 of the Code of Civil Procedure substantial question or questions of law are required to be formulated, if they arise for consideration between the parties and then dispose of the second appeal. This being the position, the appeal is entitled to succeed on this short ground, of course, without expressing one way or the other on the merits of the contentions raised on either side. 6. In this view, the appeal is allowed. The impugned judgment and decree are set aside.