N.S. NAGARAJ Vs. V.K. MAMATHA

JUDGEMENT

(1.) Plaintiff is in second appeal assailing the judgment in R.A. 348/07 on the file of Additional Civil Judge (Senior Divn.), Mysore, whereby the judgment of the trial court in O.S. 1741/05 decreeing the suit in favour of the appellant as prayed granting damages in a sum of Rs. 25,000/-, is set aside.

(2.) Upon prior notice, the respondent-defendant has entered contest. When the appeal came up for hearing, Mr. Ganesh Kumar would raise a preliminary objection about maintainability of this appeal on the basis of restriction imposed on the right of appeal under Section 102, C.P.C.

(3.) In support of the grounds to non-suit the appellant, he would submit the suit of the plaintiff was for damages in a sum of Rs. 25,000/-; the trial court had decreed the suit while the appellate court has annulled the decree in his favour. Thus the appellant could not have resorted to second appeal as the subject matter of the suit was to grant damages in a sum of Rs. 25,000/- and against such judgment and decree, no second appeal is permissible. He referred to the provision of Section 102, C.P.C. which envisages "No second appeal shall lie from any decree when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.'