TEJMAL Vs. DEVI LAL

JUDGEMENT

(1.) THE instant revision has been preferred by the petitioners against the judgment and decree dt. 05.02.2008 passed by the learned Additional District Judge, Gulabpura in Civil Appeal No. 13/2005 whereby, the appeal filed by the respondent plaintiff Devi Lal was allowed and the money recovery suit valued at Rs. 12,190/ - was decreed. Learned counsel for the petitioners fairly concedes that in view of the decision rendered by this Court in the case of Uttam Chand & Anr. vs. M/s. Gulab Chand Narendra Kumar & Ors., reported in : 2013(2) RLW (Raj.) 1298, the invocation of revisional jurisdiction of this Court under Sec. 115 CPC is not permissible in cases involving the money recovery suit filed for an amount below Rs. 25,000/ -. In the above -referred case, this Court held that even a civil second appeal was not maintainable against the judgment and decree if the initial suit was filed for the recovery of money less than Rs. 25,000/ -. Considering that aspect of the matter, this Court held that where filing of a second appeal was not permissible, invocation of the jurisdiction would render the specific provision of Section 102 CPC null and void and accordingly, it was held that the revision in such a case is barred.

(2.) THE situation in the case at hand is also exactly the same. The original suit was filed for the recovery of Rs. 12,190/ -. The suit was rejected and the appellate Court decreed the suit. Thus, in view of the bar contained in Section 102 CPC and in view of the abovementioned decision rendered by this Court in the case of Uttam Chand, the revision is not maintainable and the same is dismissed as such. Stay petition is also dismissed.