Hon’ble Sudhir Agarwal, J.—The appeal has been restored to original number vide order of date passed on restoration application, as requested by learned counsel for the parties, I proceed to decide finally at this stage.

2. Heard Sri J.H.Khan, learned counsel for the appellant and Sri M.A.Qadeer, Senior Advocate, assisted by Sri Shamim Ahmad, Advocate for respondents 1 and 2.

3. This is defendant’s second appeal. This appeal was presented in this Court on 2.2.1978. No substantial question of law have been set out in memo of appeal and while admitting it on 2nd February, 1978, this Court also did not formulate any substantial question of law.

4. In view of express provision, appeal, as available on record, is not in accordance with Section 100 C.P.C. and hence not maintainable.

5. Under Section 100 of Code, a second appeal can be entertained by this Court only if it involves substantial question of law. In other words it does not confer any jurisdiction on this Court to interfere with pure questions of fact, which have been considered and adjudicated by Courts below after appreciation of evidence recording well considered findings. If there is a finding of fact, based on pro