Explanation:

41. Second appeals—(1) An appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court on any of the following grounds, namely : (a) the decision being contrary to law or to some custom or usage having the force of law : (b) the decision having failed to determine some material issue of law or custom or usage having the force of law : (c) a substantial error or defect in the procedure provided by the Code of Civil Procedure 1908 [V of 1908], or by any other law for the time being in force which may possibly have produced error or defect in the decision of the case upon the merits; 18[18][Explanation—A question relating to the existence or validity of a custom or usage shall be deemed to be a question of law within the meaning of his section:] (2) An appeal may lie under this section from an appellate decree passed ex parte.