JAGDISH CHANDRA Vs. ARVIND SINGH

JUDGEMENT

(1.) I have heard Shri K. K. Arora for the appellant and Sri Trioki Nath for the respondents.

(2.) This second appeal was filed by the defendant against the appellate decree dated 6-5-2002. It is admitted position that on the date the first appeal was decided, the second appeal against the decree was maintainable under S. 100, C.P.C. However, S.102, C.P.C. has been substituted by C.P.C. Amendment Act No. 22 of 2002 enforced w.e.f. 1-7-2002 to provide that 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.

(3.) It is not disputed that this second appeal is covered by this section and a preliminary objection has been raised by Shri Tirloki Nath that this second appeal is not maintainable. As against this it has been argued by Shri K. K. Arora, learned counsel for the appellant that the right of appeal accrued to him on the date of the judgment of the first appellate Court, which was delivered prior to 1-7-2002. That therefore, this right can be exercised now and S. 102, C.P.C. does not bar this second appeal.