UTTAM CHAND Vs. GULAB CHAND

JUDGEMENT

(1.) In this revision petition, the petitioner is challenging the impugned judgment and decree dt. 24.11.2010 passed by the Addl. District Judge (Fast Track) No. 2, Pali in Civil Appeal No. 03/2008 whereby the appellate Court affirmed the judgment and decree passed by Civil Judge (Jr. Dn.) No. 1, Pali in Civil Original Case No. 143/2005 (3/06), by which, the suit filed by the petitioner for recovery of sum of Rs. 10,000/- was dismissed. Initially, the petitioner preferred second appeal before this Court; but, later on, an application was filed under Sec. 151, C.P.C. for converting the second appeal into revision petition. The co-ordinate Bench passed an order upon the said application and converted the second appeal as revision petition.

(2.) Instant revision petition was listed before this Court on 24.07.2012, On that date, a specific query was made how the revision petition is maintainable against the above judgments passed in civil suit and civil appeal respectively by the Courts below.

(3.) Learned counsel for the petitioner submits that if error of law is committed by both the Courts below and under Sec. 102 restriction is imposed upon filing second appeal in terms that no second appeal shall lie from any decree, when subject-matter of the original suit is for recovery of money not exceeding Rs. 25,000/-, therefore, the only course is left with the petitioner to challenge the judgment and decree passed by the trial Court and affirmed by the appellate Court by way of filing revision petition because illegality and perversity can be seen while exercising jurisdiction under Sec. 115, C.P.C. Therefore, this revision petition is maintainable.