ORDER :

Ashok Bhan, J.

The High Court has interfered with the concurrent findings recorded by the courts below without framing a substantial question of law as enjoined by Section 100 of the Code of Civil Procedure (for short "CPC"). This Court in a number of decisions has held that the High Court can exercise its jurisdiction under Section 100 Civil Procedure Code in second appeal only on the basis of substantial question of law framed at the time of admitting the appeal or modified or substituted later and the second appeal has to be heard and decided only on the basis of such duly framed substantial question of law, if any. Judgment rendered by the High Court in second appeal without following the aforesaid procedure is not sustainable in law.

2. Reference may be made to R.Lakshmi Narayan v. Santhi [2001 (4) SCC 688], M.S.V.Raja & Another v. Seeni Thevar & Others [2001 (6) SCC 652], Kanhaiyalal & Others v. Anupkumar & Others [2003 (1) SCC 430], R.V.E.Venkatachala Gounder v. Arulmigu Viswesaraswami & V.P.Temple & Another [2003 (8) SCC 752], Md.Mohammad Ali (Dead) by Lrs. v. Jagadish Kalita & Others [2004 (1) SCC 271].

3. In all the aforesaid cases, this Court has held that the High C