IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 CRP.No. 1059 of 2005 ----------------------------------- AS.30/2000 of I ADDL.SUB COURT, TRIVANDRUM OS.2187/1996 of II ADDL.M.C., TRIVANDRUM .................... REVN. PETITIONERS/APPELLANT/DEFENDANTS: 1. KOLLAM AJANTHA, ANZAR LODGE, KOLLAM. 2. KARAKULAM CHANDRAN, SECRETARY, AJANTHA THEATRE, ANZAR LODGE, KOLLAM. BY ADV. SRI.P.A.AHAMMED SRI.M.SREEKUMAR RESPONDENT/RESPONDENT/PLAINITFF: SECRETARY, ATTINKUZHI DEVI TEMPLE, KAZHAKUTTOM, THIRUVANANTHAPURAM BY N.VISWANATHAN, KUTHIVILAKATHU, ATTINKUZHI, THIRUVANANTHAPURAM. ADV. SRI.PATHIRIPALLY S.KRISHNAKUMARI SRI.SABU S.KALLARAMOOLA THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- C.R.P.No.1059 of 2005 ----------------------- ORDER This revision is field against the judgment in A.S.No.30/00 on the file of the Sub Court, Thiruvananthapuram, whereby, the suit for damages instituted by the respondent decreed in part by the trial court was confirmed by the Sub Judge. The claim in the suit was for a decree for recovery of an amount of Rs.75,000/- by way of damages, though the decree was passed only for realisation of Rs.25,000/- by way of damages. 2. Under Section 102 of the Code of Civil Procedure, a Second Appeal is barred from a decree only when the subject matter of the original suit is for recovery of money not exceeding Rs.25,000/-. In the instant case, the original suit is for recovery of Rs.75,000/-. Hence, what ought to have been filed is a Second Appeal and not a revision. In the result, I dismiss this revision as not maintainable without prejudice to the rights of the CRP 1059/05 2 petitioners to file Second Appeal if so advised in which case the period between 28.10.2005 and 3.10.2008, which is the period during which this revision was pending before this Court, shall stand excluded while computing the period of limitation. 3rd October, 2008 (K.P.Balachandran, Judge) tkv