MUTHANNA Vs. K M APPAIAH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 2-4-1998 in RA No. 11/97 passed by the learned Principal District Judge, Madikeri, in passing whereof, the learned District Judge while allowing the appeal of the respondent No. 1 had set aside the judgment and decree dated 22-7-1997 on issue No. 5 in O. S. No. 58/95 passed by the learned Civil Judge, Madikeri, directing the respondent No. 1 to value the suit under S. 35 (1) of the Karnataka Court-Fees and Suits Valuation Act (hereinafter referred to as the 'court-Fees and Suits Valuation Act') and further directed him to pay the deficit Court-fee and further answered the issue No. 5 in favour of the respondents Nos. 1 to 3 and also reverted the order dated 22-9-1997 passed by the learned Civil Judge rejecting the plaint under O. 7, R. 11 (b) of C. P. C. by remitting the matter to him to dispose of the suit in accordance with law on other issues framed by him.

(2.) ). The appellant herein is represented by the learned counsel, Sri S. K. V. Chalapathy whereas the contesting respondent No. 1 is represented by the learned counsel, Sri Arunponnappa. The respondents Nos. 2 and 3 are the private parties and the respondents Nos. 4 and 5-Managers of State Bank of India and Canara Bank having been served with notice had remained absent before Court.

(3.) I heard the learned counsel for the contending parties and also perused the records of both the Courts below.