Case Note & Summary
The plaintiffs, M/s Marine Crete (India), filed Special Civil Suit No. 65/1981/I for recovery of Rs. 23,466/- with interest. The trial court decreed the suit on 06-08-1999, directing the defendants to pay Rs. 21,831.64 with 18% interest. The defendants appealed to the first appellate court, which allowed the appeal and dismissed the suit on 09-07-2003. The plaintiffs then filed this Second Appeal. The defendants raised a preliminary objection that the Second Appeal is not maintainable under Section 102 CPC read with Section 16(2)(a) of the CPC (Amendment) Act, 2002, because the suit value (Rs. 23,466/-) does not exceed Rs. 25,000/-. The court considered the amendment which substituted Section 102 CPC, barring second appeals in suits of a value not exceeding Rs. 25,000/-. The amendment came into force on 01-07-2002 and applies to appeals pending on or after that date. Since this Second Appeal was filed after 01-07-2002, it is governed by the amended provision. The court held that no vested right to appeal exists after the amendment, and the appeal is not maintainable. Consequently, the Second Appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Maintainability - Section 102 CPC read with Section 16(2)(a) of CPC (Amendment) Act, 2002 - Suit for recovery of Rs. 23,466/- - Since the suit value does not exceed Rs. 25,000/-, no second appeal lies under Section 102 CPC as amended. The amendment applies to appeals pending on or after 01-07-2002. The Second Appeal is dismissed as not maintainable. (Paras 6-10)
Issue of Consideration
Whether the Second Appeal is maintainable in view of Section 102 of the Code of Civil Procedure, 1908 read with Section 16(2)(a) of the Code of Civil Procedure (Amendment) Act, 2002, when the suit value is Rs. 23,466/- which does not exceed Rs. 25,000/-.
Final Decision
The Second Appeal is dismissed as not maintainable. No order as to costs.
Law Points
- Second appeal not maintainable if suit value does not exceed Rs. 25
- 000
- Section 102 CPC bars second appeal in such cases
- Amendment Act 2002 applies retrospectively to pending appeals
- No vested right to appeal after amendment
Case Details
2012 LawText (BOM) (08) 136
Second Appeal No. 75 of 2003
Mr. S. D. Lotlikar, Senior Advocate with Mr. K. B. Surjuse, Advocate for the appellant; Mr. Sudesh Usgaonkar, Advocate for the respondent
M/s Gold Star Machinery and General Co.
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Nature of Litigation
Second Appeal against judgment of first appellate court dismissing suit for recovery of money
Remedy Sought
Appellants (original plaintiffs) sought to set aside the judgment of the first appellate court and restore the trial court decree
Filing Reason
The first appellate court allowed the defendants' appeal and dismissed the suit for recovery of Rs. 23,466/-
Previous Decisions
Trial court decreed suit on 06-08-1999; first appellate court allowed appeal and dismissed suit on 09-07-2003
Issues
Whether the Second Appeal is maintainable in view of Section 102 CPC read with Section 16(2)(a) of the CPC (Amendment) Act, 2002, when the suit value is Rs. 23,466/- which does not exceed Rs. 25,000/-.
Submissions/Arguments
Defendants' counsel contended that the Second Appeal is not maintainable because the suit value does not exceed Rs. 25,000/- and Section 102 CPC as amended bars such appeals.
Ratio Decidendi
Under Section 102 CPC as amended by the CPC (Amendment) Act, 2002, no second appeal lies in any suit of a value not exceeding Rs. 25,000/-. The amendment applies to all appeals pending on or after 01-07-2002. Since the suit value is Rs. 23,466/-, the Second Appeal is barred.
Judgment Excerpts
The learned counsel for the defendants has contended that this Second Appeal is not maintainable in view of the provisions of Section 102 of the Code of Civil procedure, 1908 (C.P.C.) read with Section 16(2)(a) of the Code of Civil Procedure (Amendment) Act, 2002 (Amendment Act, 2002, for short).
In view of the above, the short question that arises for determination is whether the Second Appeal is maintainable.
Procedural History
Plaintiffs filed Special Civil Suit No. 65/1981/I on 28-04-1981 for recovery of Rs. 23,466/-. Trial court decreed suit on 06-08-1999. Defendants appealed to first appellate court (Regular Civil Appeal No. 85 of 1999), which allowed appeal and dismissed suit on 09-07-2003. Plaintiffs filed this Second Appeal on an unspecified date, which was admitted on substantial questions of law. Preliminary objection raised by defendants regarding maintainability.
Acts & Sections
- Code of Civil Procedure, 1908: Section 102
- Code of Civil Procedure (Amendment) Act, 2002: Section 16(2)(a)
