IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 337 of 2010 Date of decision: 27.10.2010 Rameshwar Dutt Sharma …Petitioner. Versus Sheetla Devi …Respondent. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. P.C. Sharma, Advocate. For the respondent: None. Deepak Gupta, J. (Oral) CMP No. 1173 of 2010 Allowed. CMPMO No. 337 of 2010 1. This petition is totally misconceived. No second appeal is provided in a suit where the decretal amount is less than ` 25,000/-. The powers under Article 227 of the Constitution of India can only be exercised when the court below has acted with material irregularity or has exercised jurisdiction not vested in it by law or has failed to exercise jurisdiction vested in it by law. Both the Courts below, on a plain finding of 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. -: 2 :- fact have come to the conclusion that the petitioner owes some amount to the respondent. 2. At the time of hearing of this petition, fresh grounds have been taken and an application for amendment of the petition has been filed and a plea is sought to be raised that initially, the respondent-petitioner had filed the petition in forma pauperis. It is contended by Mr. P.C. Sharma, Advocate, that after this application was allowed, fresh summons had to be issued to the defendant and notice of the suit had to be issued to the defendant. Admittedly, in the court below, issues were framed and both the parties led evidence. The trial continued for about five years without any objection being raised by the defendant-petitioner. He, thereafter, filed an appeal before the learned Lower Appellate Court and did not raise any such ground in appeal. 3. I am of the considered opinion that the petitioner cannot be permitted to raise such a ground in a petition under Article 227 of the Constitution of India, where second appeal is specifically barred. Therefore, the petition is dismissed in limine. (Deepak Gupta) Judge October 27, 2010 (rajni)