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Section 102: No second appeal in certain cases

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 101 All 158 Sections of Code of Civil Procedure Section 103

Legal Commentary & Landmark Judgments: Section 102

Section 102 bars second appeals in money suits where the subject-matter does not exceed twenty-five thousand rupees, preventing trivial financial disputes from consuming High Court resources.

  • Twenty-Five Thousand Rupee Ceiling: No second appeal shall lie from any decree, when the subject-matter of the original suit is for recovery of money not exceeding ₹25,000.
  • Enhanced Monetary Threshold: Threshold was enhanced from ₹1,000 to ₹25,000 by the 2002 CPC amendments.
  • Applies Strictly to Money Suits: Bar applies strictly to suits for recovery of money; suits involving title, injunction, or immovable property are not barred by Section 102.
Key Landmark Precedents:
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: The Supreme Court upheld the constitutional validity of Section 102, confirming that limiting appeals in petty monetary suits reduces judicial arrears and gives finality to district court adjudications.
  • K.A. Ansari v. Indian Airlines Ltd., (2009) 2 SCC 164: Affirmed that Section 102 operates as an absolute statutory bar based strictly on the original plaint claim.
Courtroom Practice & Strategic Litigation Guidance:

If opposing a second appeal in a commercial debt dispute where the original plaint claimed ₹24,000, raise a preliminary objection under Section 102 for summary dismissal of the appeal as non-maintainable.

Section 101 All 158 Sections of Code of Civil Procedure Section 103