Nachhattar Singh vs Sukhdev Singh

M.M. Kumar, J.—This appeal filed u/s 100 of the CPC is directed against the concurrent findings of facts recorded by both the Courts below holding that the defendant-appellant had executed pronote exhibit P1 and receipt Exhibit P2. Both the documents have been duly proved by the plaintiff-respondent before the courts below. It has been further held that although at the time of execution no consideration has passed on but an amount of Rs. 5,000/- had already been passed on the defendant-appellant by the plaintiff-respondent. Therefore, past consideration has also been held to be good consideration. On the basis of the aforementioned findings, both the courts below have decreed the suit for recovery of this amount of Rs. 14,200/- alongwith interest @1%p.m. from the date of execution of the pronote till the date of the decree. Interest @ 6%p.a. has been awarded from the date of the decree till its realisation.

After hearing the learned counsel, I do not find any legal infirmity in the findings of fact recorded by the Courts below. Moreover, u/s 101 of the Code of Civil Procedure, no second appeal is maintainable where the subject matter of the original suit is for recovery of money not exceeding Rs. 25,000/-. This provision has been incorporated with effect from 1.7.2002 by enhancing the amount from Rs. 3,000/- to Rs. 25,000/-. The appeal is without any merit and is, thus, liable to be dismissed.

For the reasons recorded above, this appeal fails and the same is dismissed.