(SA 3\§‘/ u HIGH COURT OF CHHAT IS ARH, BILASPUR Second Appeal (PR) No.3096 of 2007 , g (Plai) , W L sh P APPELLANTS/: 1. Smt. Geeta Modi aed about 61 ntiffs years /o ate Viamber rasad Moi. d a Ku Modi,- aged out 4‘ years, S/o Late Vishamr Pr Modi. Resh Modi, aed about 36 yrs, S/o Late Vishamber Praad Modi. inay Kmar Modi, ad but 29 V u ge ao years S/o Late Vishaber ras Modi. Appellats o.1 to 4 are R/o ajkaml Stores, Mai Rd Distt. Ra n oa, Korba (G. mt. Via Agrawal, aged out 42 yer, W/o shok rawal D/o shamber Prad Modi, Ro Argoha Mar, Korba. S. Sweta Agral, aged about 27 ears, W/o Shr dh’ukt Agrawal, Do Vishamr rasa Modi, R/o Rishi Colony, Dayalband, Bilaspur. Versus Kushal Prasad Jaiswal, aged about 35 years, R/o JaisWaI Hotel, Pawan Talkies ke Samne, Tahsil & Distt. Korba. B'hagwandas Modi, aged about 3 years, S/o Late Dwarika Das Modi, R/o Main Road, Tahsil & Distt. Korba. {second appeal under Section 100 of the Code of Civil Procedure, 1908} _ RESPONDENTS/: (Defendants) ., Present: Mr. Parag Kotecha, counsel for the appellants. Single Bench: Hon’ble Mr. T.P. Sharma, J ORAL JUDGMENT (24-7-2009) Rj mar ab 0 be asad ak g ea s , m Pad n N C.) S dy ab as A Age, Vi as / g mt aw y i Maan / be Pd 4 . This is second appeal under Section 100 of the Code of Civil Procedure, 1908. . Registry has pointed out a defauit that 'the present appeal is not maintainabie under Section 102 of the C.P.C. Admittedly, original suit was filed for recovery of money of Rs.2,125/— which was dismissed and the appeal filed on behalf of deceased appellant Vishamber Pra’sad Modi was also dismissed by the District Judge, Korba in Civil Appeal No.6-B/2005 yide judgment & decree dated 7—7-2007. . Learned counsel for the appellants submits that if the second appeal is not maintainable, it be converted into civil revision. This appeal is dismissed as not maintainable in the light of Section 102 of the C.P.C. However, the appellants may prefer civil revision or avail appropriate remedy available under the law. Copy of the judgment & decree be returned to counsel for the appellants on his furnishing duly attested Photostat copy of the same, No order as to costs. ///// sdl— .T P_ shatma / ' Judge Sma o / /