ORDER

Heard learned counsel for the parties.

2. Leave is granted.

3. This appeal is directed against the judgment and order of the High Court of Judicature at Madras in Second Appeal No. 1748 of 2000 dated August 20, 2001.

4. We have been taken through the judgment under challenge. It is evident that the learned Judge has disposed of the second appeal unmindful of the amended provisions of Section 100 C.P.C. inasmuch as no substantial question of law has been framed which is obligatory thereunder. Section 100 C.P.C. reads as under:

"100. Second Appeal.-(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.

(2) An appeal may lie under this section from an appellate decree passed ex parte.

(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall