having failed to (b) the decision having failed to determine some material issue of determine some material issue of law or custom or usage having the law or usage having the force of force of law; l aw; (c) a substantial error or defect in (c) a substantial error or defect in the procedure provided by the Code the procedure provided by this8 of Civil Procedure, 1908 (V of Code or by any other law for the 1908), or by any other law for the time being in force, which may time being in force which may possibly have produced error or possibly have produced error or defect in the decision of the case defect in the decision of the case upon the merits. upon the merits; * * * (2) An appeal may lie under this (2) An appeal may lie under this section from an appellate decree section from an appellate decree passed ex parte. passed ex parte.” 12. In Pankajakshi (supra), the Constitution Bench of this Court has held that substantial question of law may not be required to be framed in a second