JUDGMENT

Dr. Arijit Pasayat, J.—Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the Second Appeal filed by respondent No.1. Originally, there were three defendants and the present appeal has been filed only by defendant no.1. The other defendants were impleaded as respondents 2 and 3 in the present appeal but their names were deleted at the request of the appellant. Though several points were urged in support of the appeal, we think it unnecessary to deal with them in detail considering the primary stand taken that the Second Appeal was allowed without formulating any substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908 (in short the ‘Code’).

2. None appeared for the respondents in spite of service of notice.

3. Section 100 of the Code deals with “second appeal”. The provision reads as follows:

“100 (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 subs