Code of Civil Procedure, 1908–Sec. 100–High Court framed two substantial questions for the first time in the impugned judgment itself–Neither the substantial questions were framed u/s. 100(4) nor the recourse u/s. 100(5) was taken–Procedure and manner were not in conformity with the mandatory procedure laid down in Sec. 100–Impugned judgment set aside and matter remanded back for deciding the appeal in accordance with law.
