( 1 ) THE principal attack on the impugned judgment by the learned counsel for the appellants is that the second appeal was disposed of by the High Court without formulating substantial question or questions of law. Hence, according to him, the impugned judgment cannot be sustained on this short ground alone. He also added that in view of the judgment of the Constitution Bench of this Court in Shyam Sunder v. Ram Kumar the view taken by the High Court in the impugned judgment following the judgment of the Constitution Bench of this Court in Atam Prakash v. State of Haryana cannot be sustained.