IMPORTANT POINT
A second appeal is not maintainable under Section 102 of the CPC when the subject matter involves a claim for recovery of money not exceeding Rs. 25,000.

JUDGMENT :

NIDHI GUPTA, J.

Present second appeal is filed against the judgment and decree dated 11.12.1995 passed by learned Additional District Judge, Ferozepur; whereby the judgment and decree dated 25.11.1993 passed by learned Additional Senior Sub Judge, Ferozepur, has been reversed. The appellant before this Court is the plaintiff.

2. The case as set up by the appellant-plaintiff is that his buffalo died due to electrocution after coming into contact with a stray wire of the electric pole installed by the respondents-defendants in front of his house. It has further been averred in the plaint that the electric pole in question had been uprooted due to high velocity storm and thereafter, the respondents-defendants i.e. the Punjab State Electricity Board, had repaired it only temporarily.

3. Learned counsel for the appellant submits that as the respondents-defendants failed to properly repair the electric pole in front of the appellant’s house, his buffalo came in touch with the stray wire and was electrocuted resulting in its death, causing great loss to the appellant. In support of his contention, Learned counsel refers to the facts and evidence as recorded by the learned trial Court in Para 8 of its judgment and decree dated 25.11.1993, which are reproduced hereinbelow:-

“8. Regarding these issues, the learned counsel for the plaintiff has drawn my attention towards the statement of (PW 2) Jaswant Singh, (PW 3) Niyamat and PW 5 Inder Singh, who have all deposed on oath that there is an electric pole installed in front of the house of the plaintiff which was got uprooted about two years ago in a high velocity storm. It was not properly maintained by the PSEB authorities later and it was temporarily restored to its earlier position by tying it to a neem tree. It had not been properly insulated. It was sheer negligence of the PSEB authorities. Due to the negligence of the PSEB authorities in maintaining the electric pole the buffalo belonging to the plaintiff got in touch with stray wire of the electric pole in question and died of electrocution. The learned counsel for the plaintiff has drawn my attention towards the statement of Doctor Vikram Singh, Veterinary officer PW 4 and his postmortem report is Ex.PW 4/A and has argued that the cause of death has been proved by the medical witness. He has also drawn my attention towards the statements of PWs aforesaid and the statement of Doctor Vikram Singh who has opined that in his opinion the market price of buffalo in question was around Rs.9,000/-. The learned counsel for the plaintiff has argued that the buffalo belonging to the plaintiff has died due to the negligence of the PSEB authorities in maintaining the electric pole and therefore, the plaintiff is entitled to recover compensation amounting to Rs.15,000/- towards damages”.

4. Learned counsel submits that accordingly, from the facts noted hereinabove as also from the testimony of the expert witness PW4, it is very clear that the appellant’s buffalo had died due to the negligence of the respondents-defendants; and therefore, the judgment and decree of the learned First Appellate Court deserves to be set aside.

5. Learned counsel for the appellant further submits that interest @ 6% has been granted to the appellant and since, the appellant is a poor man, it has far-reaching pecuniary significance for him.

6. On the other hand, learned counsel for the respondents submits that the date of death of the buffalo was 11.07.1991 whereas the postmortem of the buffalo was conducted two months thereafter on 12.10.1991. It is contended that accordingly the post-mortem report is unreliable and deserves to be discarded.

7. Learned counsel further refers to findings of learned First Appellate Court as contained in Para 8 of the judgment and decree dated 11.12.1995, which are reproduced hereinbelow:-

“8. After hearing to the learned counsel for the parties at length and perusing the record of the trial court, this court is of the considered vi