Code of Civil Procedure, 1908–Sec. 100, Order 41, Rule 5(3)–Scope–Whether on interim order can be passed in second appeal before formulating the substantial question of law ?–Held, no–Formulation of substantial question of law enables the High Court to entertain an appeal and thereafter, proceed to pass an order–Solely because the Court has the jurisdiction to pass an ex-parte order, it does not empower it not to formulate the substantial question of law for the purpose of admission, defer the date of admission and pass an order of stay or grant an interim relief.
