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Report No. 163

Q.5. Section 120 (No second appeal in certain cases): Clause 11 of the Bill

Section '102 of the Code bars second appeal in certain (what may be called "petty") cases. The bar operates, if two conditions are satisfied, namely:

(i) The suit is of a nature cognizable by a court of small causes;

(ii) The amount or value of the subject-matter of the suit does not exceed three thousand rupees.

Thus, a double test is to be satisfied at present, depending on

(i) the nature of the controversy; and

(ii) valuation of the subject-matter.

The Bill seeks to eliminate the requirement at (i) above. As regards the second requirement, the Bill seeks to replace "three thousand rupees" by twenty five thousand rupees (in view of the fall in the value of the rupee).

Do you agree with the above approach?

Would you agree with the desirability of retaining the criterion that the suit must be of a nature cognisable by the court of small causes (while increasing the amount of pecuniary valuation)? It may be necessary to keep in mind in particular, suits for declaration, injunction, etc. The present section (as mentioned above) primarily looks to the suit and only secondarily concerns itself with the value of the subject-matter.

[At present, section 102 does not apply to declaratory suits: Rameshchandra Ayer v. Noorulla Sahib, (1907) ILR 30 Mad 101 or to suit for title - See sections 15, 16, 27, Provincial Small Cause Courts Act, 1887. Nor does it apply to suits for accounts}.

[(Small Cause Courts Act, 1887, Second Schedule, Article 31)]. The nature of the suit determines appealability.

Digambar Parshwanath Jain Mandir v. Valubai, AIR 1961 Bom 221.

Mohini v. Rama Das, AIR 1924 Cal 487.

B.P. Gautam v. R.K. Agarwal, AIR 1977 All 103.

Your comments on clause 11 of the Bill are invited in the light of the above legal position.



The Code of Civil Procedure (Amendment) Bill, 1997 Back




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