Section 102 — No second appeal in certain cases

A money floor under the second appeal. Where the original suit was for recovery of money not exceeding ₹25,000, no second appeal lies from the decree — even if a substantial question of law arises. Small-money disputes stop at the first appeal; they are not to climb to the High Court a second time.

§ 102

How to read Section 102

The bar

No second appeal lies from any decree where the value condition is met — an absolute bar, operating even where a substantial question of law is involved.

Only money-recovery suits

The bar applies only when the subject-matter of the original suit is for the recovery of money. A suit for other relief (say possession) is not caught, whatever its value.

The ceiling — ₹25,000

The money claimed in the original suit must be not more than ₹25,000. Above that figure, § 102 does not bar the appeal (which still needs § 100’s question of law).

The bare Act

Section 102 · verbatim (substituted 2002)

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.→ A value bar on top of § 100/§ 101 — it bars the second appeal regardless of any substantial question of law. Present ₹25,000 cap from Act 22 of 2002.

1. The present § 102 was substituted for the earlier section 102 by Act 22 of 2002, s. 5 (w.e.f. 1-7-2002) — the same amendment that recast § 100A; it raised and fixed the money ceiling at ₹25,000.

Key terms decoded

Second appeal

The appeal to the High Court from an appellate decree (§ 100). § 102 bars it outright in the small-money class of case.

Subject-matter of the original suit

What the first (trial) suit was about — judged at that original stage, not by the amount in dispute on appeal.

For recovery of money

A suit whose object is to recover a sum of money (e.g. a debt or price). The bar is confined to this class; suits for other reliefs fall outside it.

Not exceeding twenty-five thousand rupees

₹25,000 or less. At or below this figure the second appeal is barred; above it, § 102 has no application.

Even on a question of law

The bar is by value, not by ground — so it shuts out the second appeal even if a genuine substantial question of law arises. Value trumps here.

The picture — the ₹25,000 floor

§ 102 is a value floor: in a suit to recover money of ₹25,000 or less, the door to a second appeal is shut — even a real question of law will not open it. Cross the ₹25,000 line (or sue for some other relief), and the bar falls away — though § 100’s question-of-law gate still stands.

Section 102, part by part

The bar

No second appeal shall lie from any decree,

A flat prohibition on the second appeal — from any decree — once the value condition that follows is satisfied.

The condition

when the subject matter of the original suit is for recovery of money

It bites only where the original suit was for the recovery of money — a money claim, judged at the trial stage. Other kinds of suit are not caught.

The ceiling

not exceeding twenty-five thousand rupees.

— and the sum is ₹25,000 or less. At or under the cap, the second appeal is barred outright; above it, § 102 does not apply.

Connected provisions

Section 102 is the value bar in the second-appeal cross-heading (§§ 100–103). It works on top of § 100 (the question-of-law gateway) and § 101 (no other grounds) — shutting out the second appeal in small-money suits regardless of the law involved. Its companion § 103 lets the High Court decide issues of fact where a second appeal does lie.

§ 101 ←No second appeal on any ground but § 100’s. (Previous section.)

§ 100 →The second appeal — substantial question of law. § 102 bars it by value.

§ 103 →High Court’s power to determine an issue of fact on a sufficient record (avoids remand).

§ 96 →First appeal — still available; § 102 only bars the second appeal.

⚖ Part VII MapPart VII — Appeals §§ 96–112.

Test yourself

1 The original suit was to recover ₹20,000, and a genuine question of law arises. Second appeal? — No — § 102 bars it: a money-recovery suit of ₹25,000 or less, even on a question of law.

2 The suit was to recover ₹60,000, with a substantial question of law. Second appeal? — Yes — above ₹25,000, § 102 does not bar it; it lies on § 100’s ground.

3 The suit (worth ₹10,000) was for possession of land, not money. Does § 102 bar a second appeal? — No — § 102 catches only suits for recovery of money; a possession suit is outside it.

Part VII · Appeals · Section 102 — No second appeal in certain cases.