Mukul Mudgal, J.

1. One of us (Mahesh Grover, J.) while dealing with the matter in hand, made a reference by the order dated 24.2.2010 for determination of the following questions by a larger Bench and this is how, it has been placed before us :-

1. Whether in the absence of any substantial question of law being stated in the memorandum of appeal, the same can be rejected or not?

2. Whether Section 100 CPC enjoins a duty upon the High Court to formula a substantial question of law even if the same has not been stated in the memorandum of appeal or whether the appeal can be dismissed solely on this ground that it has not so been stated in the memorandum of appeal?

3. Whether non-stating of a substantial question of law in the memorandum of appeal is a mere procedural irregularity and can result in rejection of appeal or whether in can be cured and rectified?

4. Whether an application under Rule 2 of Order 41 CPC can be moved at any time before hearing of the appeal or whether the same can be rejected merely because it has been filed after lapse of substantial period of time.

5. Whether Rule 10 of the Cheyenne 14 Part B, of Volume-1 of the Rules and Orders governs the procedu