CSA 524/98 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.524/1998 Rameshwar Dayal Vs. Gyarsa Date Of Judgment :: 6th April, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. B.L. Mandhana, for appellant. ........ This is plaintiff's second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 24/7/1998 passed by Additional District Judge No.2, Alwar in Civil Appeal No.2/1992 whereby the judgment and decree dated 3/2/1990 passed by learned Civil Judge, Alwar in Civil Suit No.23/1987 was reversed wherein the decree for Rs.2986.25 was granted in favour of the plaintiff. 2. Brief facts of the case are that plaintiff- appellant filed a suit for recovery of Rs.3,000/- on 27/8/1979 with the averments that he delivered two dry buffalows under a written contract for grazing and CSA 524/98 (2) under the said contract the defendant was required to rear them up and after their deliveries, their price was to be ascertained by interse auction. Out of the price so determined the defendant was to get 1/3rd as his remuneration and the balance was to belong to the plaintiff. The buffalows gave birth to calfs but they did not survive. On coming to know the plaintiff asked the defendant on 7/1/1979 to return the buffalows and he came to know that the said buffalows had been sold by the defendant to Jai Narain for Rs.4500/-. The plaintiff claimed Rs.3,000/- from the defendant who denied to make the payment. 3. The defendant contested the suit and denied any such contract between the parties. He also controverted the allegation that two buffalows were sold by him to Jai Narain for Rs.4500/-. 4. The trial court framed the issues and after recording the evidence and hearing the parties decreed the suit in favour of the plaintiff-appellant to the tune of Rs.2986.25. 5. Aggrieved from the said judgment and CSA 524/98 (3) decree the defendant-respondent filed an appeal which in turn was accepted. Against the judgment and decree passed by the First Appellate Court this second appeal has been preferred by the plaintiff. 6. Heard learned counsel for the appellant on the point of admission. 7. The total valuation of this suit for recovery of money is Rs.3,000/- and by virtue of Section 102 of the Code of Civil Procedure second appeal is barred when the subject matter of the original suit is for recovery of money and not exceeding Rs.25,000/-. Therefore, this appeal does not deserve to be admitted. 8. Consequently, this second appeal is hereby dismissed at the stage in limine. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. D26