S.S.SANDHAWALIA, J.

1. The two significant questions succinctly formulated in the Reference Order, which call for determination by this Full Bench are in the following terms :-

Has the amended S. 100 of the Code in any way affected the provisions of S. 41 (1) of the Punjab Courts Act?What interpretation is to be placed on the phrase substantial question of law occurring in amended S. 109 of the Civil P. C.?

2. It is evident from the above that the issues aforesaid are pristine legal ones and, therefore, any reference to the facts of the case is, indeed, unnecessary. It suffices to mention that they arise at the very threshold at the stage of the admission of innumerable Regular Second Appeals in this Court in view of the radical amendments introduced in S. 100 by the Code of Civil Procedure (Amendment) Act, 1976.

3. At the very outset it may be pointed out that we would first devote ourselves to question No. 1 because it is plain that if an answer is returned to the said question in the negative, the second question perhaps would hardly arise or in any case would become academic in nature.

4. To appreciate the issues in a correct perspective some reference to the legislativ