SHER MOHAMMAD Vs. ALI KHAN

JUDGEMENT

(1.) The learned counsel for the respondent raised a-preliminary objection that the Revision under Sec. 115(2) CPC is not-maintainable, inasmuch as the value of the Revision is Rs. 2,628/- and an appeal lies to the District Court under Sec. 96 CPC.

(2.) The learned counsel for the petitioner submitted that only question of material irregularity was raised in the Revision and no question of law is raised and therefore the Revision is maintainable. Sub-Sec. (2) of Sec. 115 CPC reads as follows:-

(3.) The suit is based on a promissory note said to have been executed by the defendant for recovery of Rs. 2,628/- The suit was dismissed by the learned II Addl. District Munsif, Vijayawada. The suit is of a small cause nature and the value of the suit is below Rs. 3000/- It is very clear that the plaintiff had the right of appeal under Sec. 96 (4) to the appellate Court provided the appeal involves questions of law.