Ashok Kumar v. Sant Singh - 2008 Supreme(Online)(Chh) 45

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2008 Supreme(Online)(Chh) 45

CHHATTISGARH HIGH COURT
Dilip Raosaheb Deshmukh, J.
Ashok Kumar v. Sant Singh

Advocates:
For the Appellants/Petitioners: G. D. Vaswani

Table of Content
1. appeal concerns trial court decisions. (Para 1)
2. maintenance of second appeals is examined under specific legal standards. (Para 2 , 4)
3. applicable laws dictate suit cognizability based on amount involved. (Para 5 , 6 , 7)
4. prior cases emphasize the nature of the suit over procedural aspects. (Para 8 , 9 , 10)
5. jurisdictional limitations lead to dismissal of appeals when not maintainable. (Para 11 , 12)

1.In this appeal, the appellant / defendant is aggrieved by the judgment and decree dated 4-4-1989 passed by the Second Additional Judge to the Court of District Judge, Raigarh in Civil Appeal No. 9 - B / 1985 reversing the judgment and decree dated 22-10-1988 passed by the First Civil Judge Class II, Raigarh in Civil Suit No. 80 - B / 1984 whereby the suit for recovery of Rs. 2,000/- was dismissed.

2. Although, appeal has been admitted on two substantial questions of law, it appears that this second appeal itself is not maintainable in view of the provisions contained in S.102 of CPC as it stood on the date of filing of appeal i.e. 21-10-1989 and S.15 of the Provincial Small Cause Courts Act, 1887 .

3\. Learned counsel for the appellant was asked to argue. Shr