1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.8802/2005 Rajasthan State Ganganagar Sugar Mills Ltd. Versus Anil Kumar Agarwal & Others Date of Order :: 29th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Alok Sharma for the petitioner Mr. D.K. Garg for the respondents BY THE COURT: Heard learned counsel for the parties. 2. The plaintiff-respondents filed a suit for recovery of a sum of Rs. 8,943/- in the trial court which was decreed. Being aggrieved with the same, an appeal was preferred under Section 96 of the Code of Civil Procedure but the same was also dismissed by first appellate court vide judgment and decree dated 18th July, 2005 as not maintainable. The valuation of the appeal was less than Rs. 10,000/- and as per sub-section (4) of section 96, the appeal was not maintainable. Being aggrieved with the same, the defendant has preferred this writ petition. 2 3. I have considered the submissions of learned counsel for the parties and after considering the same, I find that first appeal preferred on behalf of the defendant before the first appellate court was not maintainable in view of sub-section (4) of Section 96 of the Code of Civil Procedure. The proper remedy in the present case was revision petition under Section 115 CPC and learned counsel for the petitioner also concedes this position of law. 4. In view of above, I do not find any merit in this writ petition and the same is, accordingly, dismissed with no order as to costs. (NARENDRA KUMAR JAIN),J. DK 3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Stay Application No. 7554/2005 In S.B. Civil Writ Petition No.8802/2005 Rajasthan State Ganganagar Sugar Mills Ltd. Versus Anil Kumar Agarwal & Others Date of Order :: 29th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Alok Sharma for the petitioner Mr. D.K. Garg for the respondents Consequent upon the dismissal of writ petition, the stay application filed therewith does not survive and it also stands disposed of. (NARENDRA KUMAR JAIN),J. DK