J.RAVIKUMAR Vs. G.A.LEELAVATHI

JUDGEMENT

(1.) Petitioner has filed the present writ petition invoking the writ jurisdiction of this Court assailing the order dated 12.09.2014 passed by the Principal District and Sessions Judge, Shimoga in R.A.No.26/2014. A copy whereof is at Annexure 'A', whereby learned Judge has directed petitioner to file fresh valuation slip in respect of the subject matter of the appeal and also pay the deficit Court fee of Rs.16,584/- within a period of 10 days from the date of the order.

(2.) The suit was originally instituted by one D.K.Krishnappa against the petitioner - J. Ravikumar on 23.08.2001 before the Court of Additional Senior Civil Judge & JMFC, Badravathi in O.S.No.186/2001 for recovery of Rs.2,50,200/-. The suit was based on demand promissory note dated 9.10.1998 purported to have been executed by petitioner.

(3.) Sri.Varadaraj R.Havaldar, learned counsel submitted that Lower Appellate Court has erred in passing the order thereby, directing petitioner to pay deficit Court fee of Rs.16,584/-. He submitted that the direction to pay deficit Court fee is improper, incorrect, contrary to law and therefore, he submitted that the same is liable to set aside.