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september 2016

Supreme Court of India · 2016-09-28

Nagarplaika Thakurdwara vs Khalil Ahmed & Ors

Citation / case number
AIR 2017 SC (CIV) 400
Court
Supreme Court of India
Petitioner
Nagarplaika Thakurdwara
Respondent
Khalil Ahmed & Ors
Author
Anil R. Dave
Bench
L. Nageswara Rao, Anil R. Dave

Judgment text excerpt

The Supreme Court held that under Section 102 of the Code of Civil Procedure, 1908, a second appeal is not maintainable if the subject matter of the original suit is for recovery of money not exceeding Rs.25,000. The Court found that the High Court correctly dismissed the second appeal filed by the Nagar Palika, as the respondents' claim was below the threshold amount. The Court affirmed the lower court's decision, emphasizing that the nature of the relief sought did not alter the applicability of the statutory limit.

Nagarplaika Thakurdwara vs Khalil Ahmed & Ors · Niyam