BHARAT SINGH Vs. PRATAP SINGH

JUDGEMENT

(1.) C . M. No. 4638-C of 2011 and Main Appeal : Defendant Bharat Singh having failed in both the courts below has filed the instant second appeal.

(2.) SINCE the amount claimed in the suit was Rs. 25,000/- only, Regular Second Appeal is not maintainable in view of Section 102 of the Code of Civil Procedure. This fact was pointed out to counsel for the appellant on the preceding date of hearing. In view thereof, appellant has moved C. M. No. 4638-C of 2011 to treat the Regular Second Appeal as Civil Revision petition. The prayer is allowed. The appeal is treated as Civil Revision petition. Be registered as such.

(3.) LEARNED Civil Judge (Junior Division), Charkhi Dadri, vide judgment and decree dated 17.08.2009, partially decreed the plaintiffs' case holding plaintiff no.1 only to be entitled to Rs. 12,500/-. First appeal preferred by defendant has been dismissed by learned Additional District Judge, Bhiwani, vide judgment and decree dated 12.11.2010. Feeling aggrieved, defendant has filed the instant revision petition.