1 THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL REVISION PETITION NO.68/2008. Basanta. VERSUS Ram Singh & Others. 15.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Manu Bhargava ] for the petitioner. Mr.G.S.Rathore ] ***** The defendant has preferred this revision petition against the judgment and decree dated 06.02.2008 whereby the appeal filed by the defendant has been dismissed by the learned lower appellate court against the judgment and decree dated 02.12.1999 in a suit for specific performance whereby as per the terms of the decree the defendant has been held liable to return the amount of Rs.25,000/- with interest @ 18% per annum. I am of the view that this revision petition is not maintainable as the bar contemplated under Section 102 C.P.C. is not attracted to the facts and circumstances of the present case as the same applies only in the cases where “the subject matter of the original suit is for recovery of money not exceeding Rs.25,000/-“. Admittedly, in the present case the suit was one for specific performance of the agreement and, therefore, in my opinion, the petitioner has remedy of filing second appeal 2 under Section 100 C.P.C. Consequently, the appellant is permitted to withdraw this revision petition with liberty to file second appeal under Section 100 C.P.C. The Registry is directed to return the certified copy of the judgments and decrees passed by the learned courts below to the appellant enabling him to prefer second appeal, if so advised. The revision petition as well as the stay application stand disposed of, as above. (DALIP SINGH),J. Solanki DS, Jr.P.A.