CPC- Sec 100(4) Kannan v. V.S. Pandurangam, 2008(1) RCR (Civil) 193 (SC) It is true that in this case no substantial question of law has been formulated by the High Court. However, in our opinion, merely because no substantial question of law has been formulated by the High Court that does not mean that the judgment of the High Court automatically becomes a nullity or that it must necessarily be set aside by this Court on that ground alone. The appellant before us must also show prejudice to him on this account. By a series of decisions of this Court it has been settled that omission to frame an issue as required under Order XIV, Rule 1 C.P.C. would not vitiate the trial in a suit where the parties went to trial fully knowing the rival case and led evidence in support of their respective contentions and to refute the contentions of the other side