2 1312cra149.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Revision Application No.149 of 2011 (Shri Jaiprakash Gulabrao Bhise v. Sau. Sandhya Rameshwar Tayade) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.K. Bhoyar, Advocate for Applicant. Shri K.R. Lule, Advocate for Non-Applicant. Coram : R.K. Deshpande, J. Dated : 13 th December, 2011 1. The learned 6 th Joint Civil Judge, Junior Division, Wardha, dismissed Regular Civil Suit No.53 of 2005 on 21-9-2007 for recovery of rent. Against the said decision, Regular Civil Appeal No.154 of 2006 was preferred by the non-applicant/landlady. The said appeal has been allowed and the decree has been passed for recovery of Rs.1,000/-. This is the subject-matter of challenge in this civil revision application. 2. The contention raised by the learned counsel appearing for the applicant is that such appeal was not tenable in view of Section 96(4) of the Civil Procedure Code, which reads as under : “96. Appeal from original decree.-- (1) ... (2) ... (3) ... 2 1312cra149.11.odt (4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Court of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.” 3. The learned counsel appearing for the non-applicant/landlady submits that it was not the suit which was tried by the Court of Small Causes, but it was the suit tried by the regular Court and hence the aforesaid provision is not attracted. 4. This point ought to have been raised by the applicant before the Appellate Court. However, since the point has not been raised, it cannot be permitted to be raised for the first time in this civil revision application. Apart from this, the decree being only for an amount of Rs.1,000/-, no interference is called for in the revisional jurisdiction of this Court. 5. The civil revision application is, therefore, dismissed. Judge pdl