IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 27.2.2008. S.B. CIVIL REVISION PETITIOIN NO.8/2006 Kesar dev Vs. Mohan Lal (deceased) & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Gajendra, for the petitioner. Shri Prasant Sharma, for the respondent. The application bearing No.4623 dated 15.2.2008 has been filed by the appellant stating therein that the order dated 2.1.2006 may be recalled as the appellant under a mistaken belief prayed for treating the civil second appeal as a revision petition on the premises that the second appeal was not maintainable in view of the provisions contained in Section 102 C.P.C. in view of the fact that the suit was one for cancellation of the agreement and not one for the recovery of money the valuation of which was less than Rs.25,000/-. It is submitted that the second appeal was consequently maintainable as the provisions of Section 102 CPC are not attracted. The learned counsel for the respondent does not dispute the aforesaid position. In view of the above the application bearing No.4623 dated 15.2.2008 is allowed. The order dated 02.01.2006 is recalled. The original civil second appeal No.364/2002 is restored to its original number. The S.B. Civil Revision Petition No.8/2006 in the light of the above order shall be consigned to record and struck out of pendency. The revision petition and the application stand disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS