No second appeal in certain cases
Section 102 of the Code of Civil Procedure, 1908 deals with no second appeal in certain cases. No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.] The Act came into force on 01 Jan 1909.
1[102. No second appeal in certain cases.--No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.]
Section 102, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nagarplaika Thakurdwara vs Khalil Ahmed
Court's Decision & Legal Precedent
Section 102 of the Code of Civil Procedure 1908, which bars second appeals when the subject matter of the original suit is for recovery of money not exceeding Rs. 25,000, applies only when the suit is solely for monetary recovery. When a suit seeks declaration, permanent injunction, or other reliefs in addition to monetary recovery, Section 102 cannot be invoked to bar the second appeal, regardless of the monetary amount involved. The subject matter of the suit must be determined by the nature and scope of all reliefs sought, not merely by the monetary value of the claim.
On this section: Court held that Section 102 bars second appeals only when the subject matter is solely for recovery of money not exceeding Rs. 25,000. Since the suit also sought declaration and permanent injunction, Section 102 could not be applied. The Court emphasized that the purpose of Section 102 is to reduce litigation quantum where stakes are meagre, but this purpose is defeated when the suit involves far-reaching consequences beyond mere monetary recovery.
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Nagarplaika Thakurdwara vs Khalil Ahmed
Court's Decision & Legal Precedent
A Second Appeal cannot be dismissed under Section 102 of the Code of Civil Procedure, 1908 solely on the basis of the monetary value when the original suit seeks reliefs in the form of declaration and permanent injunction in addition to recovery of money. The subject matter of the suit must be comprehensively evaluated considering all prayers and relief sought, and if the subject matter extends beyond mere recovery of money or if the consequences of the suit are far-reaching, Section 102 CPC cannot be invoked to bar the Second Appeal. The provision is designed to prevent wasteful litigation on meagre matters of money, but it must not be applied to bar legitimate appeals on substantive issues of law and jurisdiction.
On this section: Court held that Section 102 restricting second appeals to cases with recovery of money not exceeding Rs. 25,000 does not apply when the suit is for declaration and permanent injunction in addition to recovery of money. The provision should not be interpreted to bar second appeals where substantive issues beyond mere monetary recovery exist.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 102
What have the courts held on Section 102 of the Code of Civil Procedure?
Nagarplaika Thakurdwara vs Khalil Ahmed (28 Sep 2016) is the leading judgment on this section among those set out below: Court held that Section 102 bars second appeals only when the subject matter is solely for recovery of money not exceeding Rs. 25,000. Since the suit also sought declaration and permanent injunction, Section 102 could not be applied. The Court emphasized that the purpose of Section 102 is to reduce litigation quantum where stakes are meagre, but this purpose is defeated when the suit involves far-reaching consequences beyond mere monetary recovery. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 102 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 102, section 102 CPC, section 102 of the Code of Civil Procedure. People searching for it also type cpc 102 02 1 and cpc 102g. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Nagarplaika Thakurdwara vs Khalil Ahmed (28 Sep 2016).
When did Section 102 of the Code of Civil Procedure come into force?
Section 102 of the Code of Civil Procedure, cited as CPC 102, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.