Civil Procedure Code, 1908

— Ss. 100(1) & (4) and (5) proviso — Formulation of substantial question of law by High Court is an essential pre-condition — Without formulating the same, judgment rendered by High Court in second appeal cannot be maintained — Proviso to sub-section (5) empowering High Court to hear the appeal on any other substantial question of law, held, applies only when a substantial question of law has already been formulated, (2006) 6 SCC 271