[2025:RJ-JP:21275] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Second Appeal No. 128/2017 1. M/s Ramswaroop Jagdish Prasad Bada Bazar, Weir, District Bharatpur 2. Jagdish Prasad S/o Ramswaroop B/c Vaishya, Prop., M/s Ramswaroop Jagdish Prasad, Bada Bazar, Weir, District Bharatpur ----Appellants Versus Shivdayal S/o Kelaram, B/c Vaishya, Partner Dissolve Firm M/s Shivdayal Ashok Kumar, R/o Namak, Katra, Bharatpur Raj ----Respondent For Appellant(s) : Mr. J.K. Moolchand, Adv. with Mr. S. Bhandari, Adv. For Respondent(s) : Mr. Harshal Meena, Adv. for Mr. Bipin Gupta, Adv. HON'BLE MR. JUSTICE MANEESH SHARMA Order 20/05/2025 1. The present second appeal has been filed against the judgment and decree dated 11.11.2016 passed by Additional District Judge No.3, Bharatpur whereby the appeal filed by the appellants was dismissed and order of the trial Court dated 10.01.2023 has been confirmed. 2. At the outset, learned counsel for the respondent raised a question about maintainability of the appeal and he submits that since the valuation of the suit is Rs.23476.48, therefore as per Section 102 of the Civil Procedure Code, 1908, the present second appeal is not maintainable. [2025:RJ-JP:21275] (2 of 2) [CSA-128/2017] 3. Learned counsel for the appellants does not dispute the said legal proposition of law, however, submits that impugned orders are contrary to law. 4. Heard learned counsel for the parties and perused the material available on record. 5. Admittedly present appeal is arising out of the suit filed for recovery of money of Rs.23,474.48/-. Section 102 of the Civil Procedure Code, 1908 which is reproduced as under: "No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees" 6. That the legislature has restricted the maintainability of second appeal in the cases where subject matter of the original suit for recovery of money not exceeding Rs. 25,000/-. 7. That in view of the express language employed in Section 102 of The Code of Civil Procedure; I have no hesitation in holding that the present second appeal is not maintainable and in view of the same, I need not to enter upon any discussion relating to the merits of the matter. 8. Accordingly, the present second appeal is dismissed as not maintainable, with no order as to cost. 9. Stay application also stands disposed of. (MANEESH SHARMA),J TANISHA /98s