Maintainability and grounds

Second appeal only lay on the ground of error of law, or error in the procedure which affected the decision of the courts below on merits

Impugned decisions, being contrary to law, were based on substantial error or defect in the procedure, as the evidence recorded by the incompetent court had been considered by the subsequent court having jurisdiction, which action of the court was nothing but coram non judice

Conflicting findings of the courts below were based on misreading and non-appraisal of the evidence.