Research › Search › Judgment

Himachal Pradesh High Court · body

2018 DIGILAW 2102 (HP)

Shekhar v. Kishori Lal Bhardwaj

2018-11-28

SANDEEP SHARMA

body2018
JUDGMENT Sandeep Sharma, J. - By way of instant Regular Second Appeal filed under Section 100 of the Code of Civil Procedure,challenge has been laid to the judgment and decree, dated 20.12.2017, passed by learned District Judge, Solan, H.P., in Civil Appeal No.2-S/13 of 2017, titled as Sh. Shekhar & another Vs. Kishori Lal Bhardwaj, affirming the judgment and decree dated 12.12.2016, passed by learned Civil Judge (Junior Division) Court No.1, Solan, District Solan, H.P., in Civil Suit No.137/1 of 2007/2000, whereby plaintiff''s suit for recovery of Rs.10,000/- as nominal damages, has been decreed. 2. It is not in dispute that only a sum of Rs.10,000/- has been claimed by the plaintiff as damages by way of suit, which is subject matter of the present appeal. 3. It is profitable to reproduce Section 102 of the Civil Procedure Code herein-below:- " No second appeal in certain cases:- No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees." In terms of provisions contained under Section 102 CPC, no appeal would lie from any decree, especially when subject matter of the original suit is for recovery of money not exceeding twenty five thousand rupees. 4. Consequently, in view of the above, the present appeal is not maintainable,however, liberty is reserved to the appellant to approach appropriate Court of law, in accordance with law, for redressal of his grievance, if any. Pending application(s), if any, also stands disposed of.