(1.) Challenge in this second appeal is made to the judgment and decree dated 26.02.2004 passed in A.S.No.63 of 2003 on the file of the Subordinate Court, Dharamapuri, confirming the judgment and decree dated 23.01.2003 passed in O.S.No.160 of 1999 on the file of the District Munsif Court, Pennagaram
(2.) The Second Appeal has been preferred challenging the judgments and decrees of the Courts below with reference to a suit for recovery of money based on a promissory note. The appellant is the defendant in the Trial Court. It is found that the value of the subject matter of the original suit for recovery of money laid in O.S.No.160 of 1999 on the file of the District Munsif Court, Pennagaram is only Rs. 17,373.75/-. The Second Appeal has been preferred on 26.07.2004, impugning the judgment and decree of the First Appellate Court dated 26.02.2004.
(3.) In the light of the above said factual position, inasmuch as the original suit had been laid only for recovery of money and the subject matter of the original suit not exceeding Rs. 25,000/-, a preliminary objection has been taken by the counsel appearing for the respondent/plaintiff that the Second Appeal would not lie in view of the bar provided under section 102 of the Code of Civil Procedure.