LAWS(HPH)-2016-11-41

SARWAN SINGH AND OTHERS Vs. MOHAR SINGH

Decided On November 24, 2016
Sarwan Singh And Others Appellant
V/S
MOHAR SINGH Respondents

JUDGEMENT

(1.) The sole question that falls for adjudication in this case is whether the judgment and decree passed by the first appellate Court can be assailed by filing civil revision under Sec. 115 of the Code of Civil Procedure or under Art. 227 of the Constitution of India when the second appeal against the same is specifically barred under Sec. 102 of the Code of Civil Procedure (for short 'Code').

(2.) The facts are not in dispute. The petitioners filed a suit for recovery of damages of Rs. 25,000.00 which was decreed by the learned trial Court, however, in appeal, the judgment and decree passed by the learned trial Court was partly modified and the petitioners were held entitled to damages of Rs. 10,000.00.

(3.) Learned counsel for the respondent has raised preliminary objection regarding the very maintainability of this petition in view of bar imposed by Sec. 102 of the Code which reads thus:-