MOHAN LAL Vs. BAHADER SINGH

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the judgment and decree dated 26.7.2006 passed by the learned District Judge, Kullu in Civil Appeal No. 28/06 whereby he allowed the appeal filed by the Respondent (hereinafter referred to as the 'Defendant') and set aside the judgment and decree passed by the learned Civil Judge (Senior Division), Kullu decreeing the suit filed by the Petitioner (hereinafter referred to as the 'Plaintiff').

(2.) UNDER Section 100, CPC, a second appeal lies to the High Court only on a substantial question of law. Section 102, Code of Civil Procedure specifically provides that no second appeal is maintainable in a suit, valuation of which is Rs. 25,000/ - or less. This Court has repeatedly held that the provisions of Article 227 of the Constitution of India cannot be used as a means to circumvent the bar to filing of an appeal. An appeal is only a creation of the statute and if the statute prohibits the filing of an appeal, the provisions of Article 227 of the Constitution of India cannot be invoked in normal course.

(3.) I am constrained to observe that as far as the present case is concerned, the order of the learned District Judge is perverse since it is against the entire evidence led on record and the learned District Judge has discarded the reliable evidence on frivolous grounds and has set aside the well reasoned judgment of the learned Trial Court without any cogent reasons.