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.