IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 RSA.No. 543 of 2006() --------------------- (AGAINST AS.51/99 OF THE ADDL. DISTRICT COURT-II, MAVELIKARA & O.S.No.167/97 ON THE FILE OF THE MUNSIFF'S COURT, MAVELIKARA. APPELLANT/APPELLANT/PLAINTIFF: ------------ K. GOPALAKRISHNAN, SWATHANTHRA BHAVAN, ANJILIPRA, MAVELIKARA. BY ADV. SRI.R.REJI SMT.SHIVA RAJA RESHMI RESPONDENTS: RESPONDENTS/DEFENDANTS: ------------------ 1. KANDAN MADHAVAN, SARASAMMA SADANAM, ANJILIPRA, MAVELIKARA. 2. RAMACHANDRAN, SARASAMMA SADANAM, ANJILIPRA, MAVELIKARA. R1 & R2 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... R.S.A.No. 543 OF 2006 ............................................ DATED THIS THE 15th DAY OF JANUARY, 2008 JUDGMENT This appeal is filed challenging the dismissal of first appeal, confirming the dismissal of O.S.167 of 1997, on the file of Munsiff Court, Mavelikkara. That suit was filed for realisation of Rs.18,000/- as damages. Learned counsel appearing for respondent pointed out that in view of the amendment to Section 102 of Code of Civil Procedure, providing that no appeal will lie if the subject matter of the suit is less than Rs.25,000/-. A learned Single Judge of this court in Leela Mathew V. Krishnamoorthy (2002(3) KLT 417)considered this question. That was a case where an appeal was filed challenging the judgment in a suit for realisation of Rs.13,600/-. That appeal was filed on 1.7.2002 subsequent to the coming into force of Code of Civil Procedure Amendment Act of 2002 as in this case, which provides that no second appeal shall lie from any decree when the subject matter of the original suit is for recovery of money not exceeding Rs.25,000/-. Learned Single Judge considered the question whether when suit was filed prior to the coming into force of Code of Civil Procedure Amendment Act 2002, whether RSA 543/06 2 plaintiff had a vested right of appeal as provided by the Apex Court in Garikapati V. Subbiah Choudary (AIR 1957 SC 540) and whether there is anything in Section 16(2)(a) of Code of Civil Procedure Amendment Act 2002 taking away that right. Following the Division Bench decision of this court in Clara V. Augustine (1984 KLT 377) and that of a learned Single Judge in Kunnappadi Kalliani V. Lekharaj (1996(2) KLT 106), it was held that in amendment the right is taken away to prefer a second appeal on or after the commencement of the amendment Act. It was held that subsequent to the coming into force of Code of Civil Procedure Amendment Act of 2002, no second appeal will lie, if the subject matter of suit is for recovery of money not exceeding Rs.25,000/-. In view of the said decision it can only be held that the appeal is not maintainable. Appeal is dismissed as not maintainable. M.SASIDHARAN NAMBIAR, JUDGE lgk/-