Harbhajan Singh And Others vs State Of Punjab And Others
2024 Latest Caselaw 6729 P&H

Punjab-Haryana High Court

Harbhajan Singh And Others vs State Of Punjab And Others on 1 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                     2024:PHHC:043314
                            216
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                           RSA-3454-1997 (O&M)
                                                                           Date of decision : 01.04.2024

                            Harbhajan Singh & Ors.                                           ... Appellant(s)
                                                               Versus
                            State Of Punjab & Ors.                                       ... Respondent(s)


                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


                            Present :     Mr. Sunil Chadha, Senior Advocate with
                                          Mr. Saurav Kanojia, Advocate for the appellants.

                                          Mr. B.S. Bali, Addl. AG Punjab
                                          for respondent Nos.1 and 2.


                            ALKA SARIN, J. (ORAL)

IOIN-RSA-3454-1997

1. The present IOIN has been put up for service of respondent

Nos.3 to 5.

2. Learned counsel for the parties state that the main appeal may

be heard today itself.

3. In view of the above, with the consent of the learned counsel

for the parties, the main appeal is taken on Board today itself. IOIN stands

disposed off.

RSA-3454-1997

4. The present regular second appeal has been preferred by the

plaintiff-appellants challenging the judgment and decree dated 27.09.1996

passed by the First Appellate Court.

integrity of this order/judgment.

                                                                                     2024:PHHC:043314

                            RSA-3454-1997 (O&M)                                                    -2-

5. The original suit was filed for recovery of Rs.2,200/- which was

decreed by the Trial Court vide the judgment and decree dated 14.01.1994.

Aggrieved by the same, the respondents preferred an appeal before the First

Appellate Court which was allowed vide judgment and decree dated

27.09.1996. Hence, the present regular second appeal.

6. Section 102 of the Code of Civil Procedure, 1908, as it stood in

1997 reads as under :

"102. No second appeal in certain suits : No second

appeal shall lie in any suit of the nature cognizable by

Courts of Small Causes, when the amount or value of the

subject matter of the original suit does not exceed three

thousand rupees."

7. The pecuniary subject matter of the suit indisputably does not

exceed rupees three thousand and hence in view of the provisions of Section

102 of the Code of Civil Procedure, 1908, as it stood at the relevant time, no

second appeal would be maintainable. Even under the amended Section 102

CPC, no second appeal would be maintainable.

8. In view of the above, the present appeal is accordingly

dismissed. Pending applications, if any, also stand disposed off.

                            01.04.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment.