Bailabel Type : bailable

Description

Section 102 of the Code of Civil Procedure (CPC) outlines exceptions to the general rule that allows a second appeal in civil matters. Specifically, it restricts the filing of a second appeal in certain circumstances where the law or the nature of the case does not permit such an appeal. This provision is designed to limit the scope of second appeals and promote finality in litigation, preventing undue delays and reducing unnecessary judicial burden.

Key Provisions of Section 102:

1. Prohibition of Second Appeal in Certain Cases:

   • Section 102 clarifies that second appeals cannot be filed in cases where the amount or value of the subject matter of the dispute is below a certain threshold.
   • Second appeals are not allowed if the subject matter of the suit is of low value, even if a substantial question of law is involved.
   • This aims to prevent the judicial system from being overloaded with cases that do not have significant legal implications or involve small amounts of money.

2. Scope of Restrictions:

   • The section generally applies to civil suits where the amount or value of the subject matter does not meet a prescribed amount or threshold, which varies depending on jurisdiction or statutory provisions.
   • The specific limit on the value or amount of the subject matter is often defined by state laws or court rules, which may set a monetary cap for second appeals in certain cases.
   • For example, if the dispute involves an insignificant sum of money or property, the court may prevent a second appeal to avoid unnecessary delays and costs in cases of minimal importance.

3. Nature of the Case:

   • Section 102 also applies in situations where the lawsuit or dispute is deemed of lesser importance, such as those involving interlocutory orders or cases that do not involve a substantial question of law.
   • The section aims to focus appeals on matters that have broader legal or societal implications, and to reserve the second appeal process for cases that are more significant.

4. Judicial Efficiency:

   • The provision helps to reduce the burden on appellate courts by eliminating second appeals in matters where the subject matter or issue at stake is trivial or has already been adequately dealt with by the courts.
   • This helps in the expeditious disposal of cases and ensures that the judicial system focuses its resources on more important matters.

5. Ensuring Finality in Certain Cases:

   • Section 102 serves to ensure that finality is achieved more quickly in cases that do not have a high value or involve complex legal issues. By limiting the scope for second appeals, the law promotes closure for both parties and prevents the excessive litigation of minor issues.

Punishment

Section 102 does not provide for any specific punishments or penalties directly for violating its provisions. However, the following consequences are applicable:

1. Dismissal of Second Appeal:

   • If a second appeal is filed in a case where it is prohibited under Section 102 (such as where the subject matter value is below the prescribed threshold), the court will dismiss the appeal outright. This ensures that cases not meeting the legal criteria for a second appeal are not entertained.

2. Imposition of Costs:

   • If the second appeal is found to be improperly filed or is dismissed due to the restrictions of Section 102, the court may impose costs on the party that filed the appeal. This could include the legal costs incurred by the opposing party as a result of the frivolous appeal.

3. Finality of Judgment:

   • The section ensures that in cases where a second appeal is not permitted, the judgment from the first appellate court becomes final. No further appeals will be allowed, which helps to prevent unnecessary delays and bring finality to the dispute.

4. Promotion of Judicial Efficiency:

   • By preventing second appeals in certain low-value cases, Section 102 helps reduce the judicial workload, allowing the courts to focus on matters that truly require appellate intervention. This improves the overall efficiency and effectiveness of the legal system.