DR. RAJESH Vs. BHARAT LAL BHARGAVA

JUDGEMENT

(1.) Present petition is for setting aside the judgment & decree dated 26.3.2013, passed by learned Civil Judge (Junior Division), Rewari and judgment & decree dated 28.1.2014, passed by learned Additional District Judge, Rewari, whereby suit for recovery, filed by the respondent/plaintiff, was decreed and first appeal having been filed by the present petitioner was dismissed.

(2.) Relevant facts of the case that respondent/plaintiff had filed suit for recovery of Rs. 18,897/- and the Court of learned Civil Judge (Junior Division), Rewari decreed the said suit. Present petitioner filed first appeal against the said judgment & decree and the same was dismissed by the Court below on 28.1.2014. Learned counsel for the petitioner submitted that the said findings of both the Courts below are erroneous and are liable to be set aside.

(3.) Learned counsel for the respondent raised objection that as per Sec. 102 CPC, present petition, being second appeal in a suit for recovery of an amount not exceeding Rs.25,000.00, is not maintainable. While arguing on this point, learned counsel for the petitioner submitted that present case is a petition under Art. 227 of the Constitution of India and not the second appeal and the same is not maintainable. In support of his arguments, learned counsel for the petitioner placed reliance upon the view taken by co-ordinate Bench of this Court in case Om Parkash Vs. Sardha Ram (Civil Revision No. 2793 of 2012, decided on 31.8.2012). On the same point, reliance was placed upon the judgment from Madras High Court in case K. Chockalingam Vs. K.R. Ramasamy Iyer and Jenbagam 2004(4) LW 586 (Madras).