V KHANDAMMAL Vs. C TAMIL SELVAN

JUDGEMENT

(1.) The above Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure (hereinafter eferred to as "the Code"), challenging the Judgment of the Subordinate Judge, Thiruppattur in A.S. No.70/2003 in and by which the learned Judge has set aside the Judgment and Decree of the Principal District Munsiff, Ambur in O.S.No.426 of 1996.

(2.) Since, the value of the appeal is below Rs. 25,000/-, the petitioner has invoked the provisions of Section 115 of the Civil Procedure Code. However, in the light of the Judgment (K. Chockalingam v. K.R. Ramasamy Iyer and others, (2004) 4 LW 586), wherein this Court has clearly held that the invocation of Section 115 of the Code, where the subject matter is less than Rs. 25,000/-, would in all respects amount to a Second Appeal in the garb of a Civil Revision Petition, the present revision filed under Section 115 of the Code is not maintainable. However, this Judgment has been followed in (Manickam Moopanar v. Lakshmi and others,2012 3 MWN(Civ) 875) and this Court has held that the remedy for an aggrieved party on account of the bar under Section 102 of the Code is to file a revision under Article 227 of the Constitution of India. The Court exercising it powers under Article 227 of the Constitution of India had then proceeded to convert the Second Appeal into a revision filed under Article 227 of the Constitution of India.

(3.) The learned counsel for the petitioner prayed that this Court may, in the light of the judgment in Manickam Moopanar supra, be pleased to convert the revision filed under Section 115 of the Code into one under Article 227 of the Constitution of India. Drawing strength from the aforesaid Judgment, the revision under Section 115 is converted as one under Article 227 of the Constitution of India.