Haryana Judicial Service (Civil Judge) Prelims 2013 Previous Year Question Papers with MCQ Answers

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14.

No second appeal shall lie from any decree when the subject matter of the original suit is for recovery of money not exceeding :

A: Fifteen thousand rupees
B: Twenty thousand rupees
C: Twenty-five thousand rupees
D: Thirty thousand rupees.

The answer is: C

Explanation

The correct option is C: Twenty-five thousand rupees.

According to Section 102 of the Code of Civil Procedure, 1908, 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.

This means that if the suit is for a sum of money less than or equal to twenty-five thousand rupees, the aggrieved party can only file one appeal against the decree of the trial court, and no further appeal can be filed in the higher court. This provision is intended to prevent unnecessary litigation and delay in the disposal of small money suits.

However, if the suit involves a substantial question of law, the aggrieved party can still invoke the revisional jurisdiction of the High Court under Section 115 of the Code or the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India.