JUDGMENT :

Ajit Kumar, J.

Heard learned counsel for the parties.

2. By means of this petition filed under Article 227 of the Constitution, the petitioner State of U.P. and two others seek to set aside the judgments and decrees passed by the trial Court and Court of appeal in O.S. No. 213 of 2008 and Civil Appeal No. 70 of 2010 respectively whereby present petitioners have been saddled with the liability to pay an amount of Rs. 15,841.18 paise to the opposite party alongwith interest @ 18 per cent.

3. Learned Standing Counsel submits that since valuation of money recovery suit is less than Rs. 25000/- therefore, second appeal is barred in such matters under Section 102 of the Code of Civil Procedure, 1908 and hence this petition has been filed under Article 227 of the Constitution.

4. A preliminary objection has been raised by learned Advocate appearing for the respondents that since second appeal under Section 102 is barred in the matters of valuation of the original money recovery suit being less than 25,000/- under Section 102 of Code of Civil Procedure, 1908, a petition under Article 227 of the Constitution to circumvent such a bar, would equally not be maintainable. He has placed re