JUDGMENT :

DALVEER BHANDARI, J.

1. This appeal is directed against the judgment and order dated 23.5.2001 passed by the High Court of Jammu and Kashmir in Civil Second Appeal No. 22 of 1998 whereby the High Court has set aside the concurrent findings of fact arrived at by both the Courts below.

2. Mr. S.B. Sanyal, learned senior counsel appearing on behalf of the appellant has taken a threshold objection that the High Court was not justified in interfering with the concurrent findings of fact in second appeal, without formulating the substantial question of law. He placed reliance on the decision of this Court in Gurdev Kaur and Others vs. Kaki and Others, (2007) 1 SCC 546, particularly on paragraph 70 which reads as under:

“Now, after the 1976 amendment, the scope of Section 100 has been drastically curtailed and narrowed down. The High Courts would have jurisdiction of interfering under Section 100 CPC only in a case where substantial questions of law are involved and those questions have been clearly formulated in the memorandum of appeal. At the time of admission of the second appeal, it is the bounden duty and obligation of the High Court to formulate substantial questions of law