1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR SECOND APPEAL NO. 119 OF 2009. Kaiyomarz K. Medhora Vs. Vivian J. Desouza ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- CORAM: C. L. PANGARKAR J. DATED: 3 rd AUGUST, 2009. Heard counsel for the appellant and the respondent. This Second Appeal is preferred against judgment and decree passed in Civil Appeal No. 381 of 2002 whereby the appeal was allowed and decree for Rs. 24,470/- was passed by the appellate Court. Trial Court had dismissed the suit of the plaintiff. Defendant had preferred counter claim in the said suit. Counter claim was already dismissed by 2 the trial Court . Against that dismissal of the counter claim the defendant did not prefer any appeal. Plaintiff preferred appeal because civil suit was dismissed, thus defendant did not prefer any separate appeal as against the dismissal of the counter claim. The plaintiff had instituted a suit for recovery of Rs. 24,470/-. By virtue of provisions contained in Section 102 of the Civil Procedure Code, no second appeal lies against the judgment and decree value of which does not exceed Rs. 25,000/-. In view of the fact that claim in the suit did not exceed Rs. 25,000/- no second appeal could lie against the said judgment and decree. In view of this the second appeal is dismissed in limine. JUDGE svk