Dismissed

Sunil Mankotia v. Purshotam Singh

Himachal Pradesh HC14 Jun 2017CMPMO/201/2017

Case brief

AI extract

What is this about?

The High Court held the Civil Miscellaneous Petition under Article 227 not maintainable. The judgment against the petitioner is not assessable under Article 227 as the remedy lies in appeal under Section 100, which is barred under Section 102 of the CPC as the subject matter value is less than Rs 25,000/.

What did the court decide?

The petition is dismissed as not maintainable; pending applications disposed of.

Sunil Mankotia Vs Purshotam Singh — Civil Procedure and Limitation | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CMPMO No. 201 of 2017 Decided on: 14^th June, 2017

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Sunil Mankotia .......Petitioner

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Versus Sh. Purshotam Singh ...Respondent

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Coram

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The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?¹ For the petitioner: Mr. Vikrant Chandel, Advocate. For the respondent: Nemo .

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Dharam Chand Chaudhary, Judge (Oral)

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In this petition, judgment and decree dated 5.11.2016 passed by learned Additional District Judge, Kangra at Dharamshala in Civil Appeal No. 22-D/XIII/2016 is under challenge.

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It is seen that learned trial Court vide judgment and decree dated 10.11.2010 passed in Civil Suit No. 78/2008 has decreed the suit of the respondent herein for the recovery of `7,346/- together with interest @ 9% and costs. The appeal preferred by the appellant-defendant stands dismissed by learned lower appellate Court vide impugned judgment and decree in this petition. As a

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1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

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matter of fact, the petition is not at all maintainable for the reason that the judgment and decree passed by a Civil Court cannot be assailed in a petition of this nature. The remedy of filing the appeal against the judgment and decree passed by lower appellate Court no doubt is available to the aggrieved party under Section 100 of the Code of Civil Procedure, however, not in all cases for the reason that in view of the provisions contained under Section 102 of the Code of Civil Procedure, the second appeal, in a case where the subject matter of the original suit is less than `25,000/-, is barred. The appellantdefendant in a clever move and clandestinely has tried to invoke extra ordinary jurisdiction of this Court under Article 227 of the Constitution of India, with a view to frustrate the mandate of Section 102 of the Code, without any legal right vested in him to do so. The petition, as such, is dismissed. Pending application(s), if any, shall also stand disposed of.

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An authenticated copy of this judgment be sent to both Courts below for record.

Sunil Mankotia v. Purshotam Singh

Case brief

What is this about?

What did the court decide?

Sunil Mankotia v. Purshotam Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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