judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.The appellants call in question legality of the judgment of a learned Single Judge of the Andhra Pradesh High Court allowing the Second Appeal filed by the respondents in terms of Section 100 of the Code of Civil Procedure, 1908 (in short the ‘CPC’). Though many points were urged in support of the appeal, primarily it was contended that the Second Appeal was allowed without formulating any substantial question of law which is mandatory in law.

3.Learned counsel for the respondents submitted that though no question has rightly been formulated, but the basic factors have been taken into account and after considering the materials on record the second appeal was allowed.

4.After the amendment a second appeal can be filed only if a substantial question of law is involved in the case. The memorandum of appeal must precisely state the substantial question of law involved and the High Court is obliged to satisfy itself regarding the existence of such a question. If satisfied, the High Court has to formulate the substantial question of law involved in the case. The appeal is required to be heard on the question so formulated. However, the