LAWS(KER)-2004-11-41

T RAJAPPAN ACHARI Vs. MADHAVA KAMMATHI

Decided On November 26, 2004
T Rajappan Achari Appellant
V/S
Madhava Kammathi Respondents

JUDGEMENT

(1.) This revision is placed before us on a reference by Justice Sankarasubban, as the learned Judge felt that the decision reported in Pariyaran Panchayat v. Damodaran Nair, 1999 (3) KLT 205 , requires reconsideration.

(2.) This revision arises out of the order passed by the District Judge, Kottayam, in A. S. 198 of 2000 holding that the appeal was not maintainable under S.96(4) of the Code of Civil Procedure . The suit was filed for recovery of damages and the Trial Court decreed the suit for Rs. 2150/- with 12% interest from the date of the suit till the date of decree and thereafter with 6% interest on Rs.2000/-. According to the Appellate Court, under S.96(4) of the Code of Civil Procedure, no appeal shall lie, except on a question of law, if the value of the subject matter of the original suit does not exceed Rs. 3000/- and relied on the decision in Pariyaram Panchayat's case.

(3.) In this revision it is contended that the interpretation given by the Appellate Court to S.96(4) of the Code of Civil Procedure is wrong and the appellate Court was not justified in relying on the decision in Pariyaram Panchayat's case, as that decision turned on the interpretation of S.102 of the Code of Civil Procedure. In the alternative, it is also argued that the decision in Pariyaram Panchayat's case requires reconsideration.