GURUNANAL MEDICAL AND SURGICAL AGENCY Vs. SITARAM SHIVHARE

JUDGEMENT

(1.) This civil revision has been filed by the defendant being aggrieved by the judgment and decree dated 02.09.2008 passed by the Court of First Additional District Judge, Gwalior in Civil Appeal No.47-A/2007 E.D., whereby the first appellate Court has reversed the judgment and decree dated 31.08.2007 passed by the Second Civil Judge Class-II, Gwalior in Civil Suit No.108/2006.

(2.) Brief facts leading to the present civil revision are that this civil revision was initially filed as second appeal and was thereafter converted into a civil revision by making an application for such conversion on the ground that as per the provisions contained in Sec. 102 of the Code of Civil Procedure, there is a provision which prohibits filing of second appeal in matters having valuation upto Rs. 25,000.00 and therefore permission was sought to convert the second appeal into civil revision and therefore this appeal has been entertained as civil revision.

(3.) Though in the second appeal, as was filed by the petitioner, the petitioner had raised several substantial questions of law, namely :-