ORDER 1. HEARD THE LEARNED COUNSEL FOR THE PARTIES. 2. THIS IS THE SECOND TIME THAT THE MATTER HAS COME UP TO THIS COURT. ON THE FIRST OCCASION, THIS COURT DISPOSED OF THE APPEAL BY ORDER DATED 3-10-1996 FINDING FAULT WITH THE JUDGMENT OF THE HIGH COURT MADE IN THE SECOND APPEAL STATING THAT IT COMMITTED AN ERROR IN REAPPRECIATING THE EVIDENCE SITTING IN SECOND APPEAL AND THAT IT FAILED TO NOTICE THE LIMITATIONS PRESCRIBED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908 (FOR SHORT "THE CODE") IN DEALING WITH SECOND APPEALS. IN THAT VIEW, THE JUDGMENT PASSED IN THE SECOND A APPEAL WAS SET ASIDE AND THE MATTER WAS REMITTED TO THE HIGH COURT FOR DISPOSAL AFRESH OF THE SECOND APPEAL. WHILE DOING SO, INCIDENTALLY, THIS COURT OBSERVED THAT ALL EFFORTS COULD BE MADE BY THE PARTIES TO SETTLE THE DISPUTE, HAVING REGARD TO THE NATURE OF THE DISPUTE. 3. AS CAN BE SEEN FROM THE IMPUGNED JUDGMENT, THE HIGH COURT DID NOT CONSIDER AS TO WHETHER THE REQUIREMENTS OF SECTION 100 OF THE CODE WERE COMPLIED WITH. THE HIGH COURT, IN OUR VIEW, COMMITTED THE SAME ERROR WHICH WAS COMMITTED ON THE EARLIER OCCASION, NAMELY, IT HAS REAPPRECIATED THE EVIDENCE AGAIN AND PASSED THE IMPUGNED JUDGMENT. 4. THIS COURT HAS REPEATEDLY RULED THAT, IN A SECOND APPEAL THE HIGH COURT HAS TO ESSENTIALLY FORMULATE SUBSTANTIAL QUESTION OR QUESTIONS OF LAW, IF ARISE FOR CONSIDERATION BETWEEN THE PARTIES. WE DO NOT FIND ANY SUCH FORMULATION OF SUBSTANTIAL QUESTION(S) OF LAW IN THE IMPUGNED JUDGMENT. THAT APART, READING OF THE IMPUGNED JUDGMENT, AS STATED ABOVE, GOES TO SHOW THAT THE HIGH COURT HAS REAPPRECIATED THE EVIDENCE TO RECORD A FINDING. 5. UNDER THE CIRCUMSTANCES, THE IMPUGNED JUDGMENT CANNOT BE SUSTAINED. HENCE, IT IS SET ASIDE. THE SECOND APPEAL IS REMITTED TO THE HIGH COURT FOR DISPOSAL AFRESH, AFTER FORMULATING SUBSTANTIAL QUESTION(S) OF LAW, IF ARISE FOR CONSIDERATION BETWEEN THE PARTIES. 6.THE CIVIL APPEAL IS, ACCORDINGLY, ALLOWED. 7. HAVING REGARD TO THE AGE OF THE CASE, WE EXPECT THAT THE HIGH COURT WILL DISPOSE OF THE SECOND APPEAL AS EXPEDITIOUSLY AS POSSIBLE. 8. NO COSTS.