Parshottamdas Premjibhai ... vs Madhya Gujarat Vij Company Ltd
2023 Latest Caselaw 7145 Guj

                                                                                        NEUTRAL CITATION




      C/SA/10/2010                                   JUDGMENT DATED: 27/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/SECOND APPEAL NO. 10 of 2010

                                  With
                      R/SECOND APPEAL NO. 11 of 2010
                                  With
                      R/SECOND APPEAL NO. 12 of 2010

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE ILESH J. VORA
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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                 PARSHOTTAMDAS PREMJIBHAI PATELIA
                               Versus
              MADHYA GUJARAT VIJ COMPANY LTD & 2 other(s)
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Appearance:
MR AS ASTHAVADI(3698) for the Appellant(s) No. 1
MR PREMAL R JOSHI(1327) for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1,3
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    CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 27/09/2023

                               ORAL JUDGMENT

1. Since the issue involved in the aforesaid appeals are common, and parties are also same, the appeals are disposed of this common judgement and order.

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C/SA/10/2010                                          JUDGMENT DATED: 27/09/2023

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2. Heard learned counsel Mr.A.S.Asthawadi and learned counsel Mr.Premal Joshi for the respective parties.

3. These Second Appeals are at the instance of original defendants filed against the common judgement and decree dated 10.07.2009 passed by the first appellate Court in Regular Civil Appeal No.155, 156 and 157 of 2001, arising out of the judgement and decree passed in Regular Civil Suit No.209, 210 and 211 of 1998.

4. The present Second Appeals admitted on the substantial question of law referred in the oral order dated 21.07.2010.

5. Mr. Premal Joshi, learned counsel appearing for and on behalf of the respondents, referring section 102 of the Code of Civil Procedure, contends that the Second Appeals are not maintainable, as the subject matter of original suit is below Rs.25,000/-.

6. On the other hand, learned counsel Mr. Asthawadi, considering the amount involved fairly states that the Court may pass necessary order.

7. Having heard the learned counsel for the respective parties, and on perusal of the statutory provision of the Code of Civil Procedure, this Court finds merits in the contention raised by the learned counsel Mr.Joshi. The appellant board had filed three Suits for recovery of the amount to the tune of Rs.19,421/- ,Rs.19,578/- and Rs.7000/-. The learned Civil Court, after considering the evidence on record, the suits decreed in part. The appellant original defendants, aggrieved with the judgement and decree of the suits, preferred appeals before the District Court concerned. The first Appellate Court, vide its common judgement, confirming the judgement and decree passed by the Civil Court dismissed the appeals. Aggrieved with the judgement of the first Appellate Court, the appellants original defendants are before this Court.

8. Section 102 of the Code of Civil Procedure says that no second appeal shall lie from the decree, when the subject matter of the original suit is for recovery of the money not exceeding Rs.25,000/-. Admittedly, the suit

NEUTRAL CITATION

C/SA/10/2010 JUDGMENT DATED: 27/09/2023

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filed by the respondent for recovery of money and the amount claimed does not exceed Rs.25,000/-. In such circumstances, the bar contained in section 102, the second appeals ought not to have admitted, irrespective of the merits of the case.

9. In view of the statutory provision as referred above, the appeals stand dismissed as not maintainable.

(ILESH J. VORA,J) SUDHIR