Vijay Medical Store vs Arihant Pharmaceuticals
2023 Latest Caselaw 631 MP

                                                      1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                         AT JABALPUR
                                                SA No. 727 of 1999
                                    (VIJAY MEDICAL STORE Vs ARIHANT PHARMACEUTICALS)

        Dated : 10-01-2023
                  Shri N. Kotecha - Advocate for the appellant.

                  Shri Sanjeev Kumar Mishra - Advocate for the respondent.

Yesterday an objection was raised by the counsel for the respondent with regard to maintainability of the Second Appeal on the ground that since, the valuation of the Appeal is less than Rs.25,000/-, therefore, in view of Section

102 of CPC, the same is not maintainable.

It is fairly conceded by the counsel for the respondent that the amendment in Section 102 of CPC was incorporated in the year 2002 and the valuation was enhanced to Rs.25,000/- and prior to that Second Appeal where valuation was less than Rs.3,000/- was not maintainable. Since, this Appeal was filed in the year 1999, therefore, the preamended provision of Section 102 CPC would apply and accordingly, it is submitted that he wants to give up his preliminary objection, which was taken by him on 09.01.2023.

Accordingly, the preliminary objection raised by the counsel for the

respondent with regard to maintainability of Second Appeal in the light of Section 102 of CPC is rejected as withdrawn.

Heard finally.

Reserved for judgment.

                                                                              (G.S. AHLUWALIA)
       Shanu                                                                         JUDGE

Digitally signed by SHANU
RAIKWAR
Date: 2023.01.12 17:13:14 +05'30'