Section 102 CPC - No Second Appeal in Certain Cases
Section 102 of the Code of Civil Procedure, 1908 (CPC) bars a second appeal from a decree where the original suit is for recovery of money not exceeding Rs. 25,000, subject to any applicable local amendment or special law.
Text of Section 102 CPC
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.
This is the central provision substituted by Section 5 of the Code of Civil Procedure (Amendment) Act, 2002 (Act 22 of 2002), effective 1 July 2002. See the official India Code text of the CPC.
Meaning and legal effect
A second appeal is an appeal ordinarily brought before a High Court against a decree passed in a first appeal. Section 100 CPC generally permits such an appeal only where a substantial question of law arises. Section 102 imposes a separate statutory restriction: in the specified small money-recovery suits, a second appeal is unavailable even if a party seeks to raise a substantial question of law.
The relevant figure is the subject matter of the original suit, not simply the amount ultimately awarded, the balance remaining unpaid, or the amount contested in the proposed second appeal. The nature of the relief originally sought must also be examined.
When does the Section 102 bar apply?
- The proceeding is a proposed second appeal from a decree.
- The original suit was for recovery of money.
- The money sought to be recovered in the original suit did not exceed Rs. 25,000 under the central provision.
- No applicable state amendment, special statute or transitional provision changes the result.
Illustrations
| Original suit | General position under central Section 102 |
|---|---|
| Recovery of Rs. 20,000 only | A second appeal is barred. |
| Recovery of exactly Rs. 25,000 only | A second appeal is barred because the limit is inclusive. |
| Recovery of Rs. 30,000 only | Section 102 does not itself bar the appeal, but Section 100 must still be satisfied. |
| Declaration and injunction along with a small monetary claim | The character of the entire original suit matters; the bar is not automatically attracted merely because the money component is small. |
Supreme Court interpretation
In Nagar Palika, Thakurdwara v. Khalil Ahmed (2016), the Supreme Court explained that Section 102 must be applied by examining the nature of the original suit. Where the suit included substantive reliefs beyond mere money recovery, the monetary figure alone could not justify dismissing the second appeal under Section 102. Read the Supreme Court judgment (official PDF).
Related CPC provisions
- Section 100: Provides for second appeals to the High Court on substantial questions of law, subject to statutory restrictions.
- Section 101: Prohibits second appeals on grounds other than those mentioned in Section 100.
- Section 100A: Restricts further appeals after specified decisions of a Single Judge of a High Court.
- Section 103: Allows the High Court to determine certain issues of fact in a properly maintainable second appeal where statutory conditions are met.
Frequently asked questions
Can a second appeal be filed for recovery of Rs. 25,000?
Ordinarily no, under the central text of Section 102. The bar includes a money-recovery suit for exactly Rs. 25,000, subject to applicable local law and transitional rules.
Does Section 102 prevent a first appeal?
No. Section 102 addresses second appeals. The availability of a first appeal depends on Section 96 CPC and other applicable procedural provisions.
Does a substantial question of law override Section 102?
No. Section 100 sets the general threshold for a second appeal, but it does not displace the specific statutory bar in Section 102.
Does Section 102 apply to every civil suit valued below Rs. 25,000?
No. The central provision refers to an original suit for recovery of money. Suits seeking other substantive reliefs require separate examination.
Official legal references
Code of Civil Procedure, 1908 - India Code (official PDF)
Supreme Court of India - relevant judgment (official PDF)
This article explains the general central-law position as reviewed on 11 October 2026. Check current state amendments, court rules, the nature of the original reliefs and any applicable savings provisions before filing.