A MADHAVA HEGDE Vs. RAJENDRA S REVANKAR

JUDGEMENT

(1.) ASSAILING the order dated 1-10-1999 of the Principal Civil Judge (Sr. Dn.), Mangalore, D. K. on I. A. VII filed under Order 14 Rule 2 CPC, the present civil revision petition is filed. I. A. VII was filed by the defendant in O. S. No. 58/98 under Order 14 Rule 2 CPC requesting the Trial Court to try the issue pertaining to Court fee and jurisdiction as preliminary issue. The trial Court has dismissed the said application holding that the trial on issue regarding Court fee and jurisdiction is not a pure question of law but a mixed question of law and facts and therefore, the same cannot be tried as a preliminary issue and accordingly I. A. VII was dismissed.

(2.) ). Hence, the present civil revision petition is filed.

(3.) THE learned counsel for the petitioner contend that the order of the learned Trial Judge refusing to try the issue regarding Court fee as a preliminary issue is illegal and the same suffers from material irregularity. The further contention of the learned counsel for the petitioner is that the impugned order is in contravention of Sec. 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 (the 'act' for short ). The impugned order is also attacked on the ground that the same is not a speaking order and discretion exercised by the Trial Court is improper.