PAPIAH Vs. CHIKKABIDDAPPA

JUDGEMENT

(1.) This is a revision petition under S. 115 of the CPC directed against the order of the then Principal Civil Judge, Bangalore Dist., Bangalore, made in OS No. 313/ 1980 on IA No. II.

(2.) The plaintiff brought the suit against the respondent for a permanent injunction restraining the said defendant from interfering with his peaceful possession and enjoyment of the suit schedule property. The defendant-respondent resisted the suit setting up his own title to the property. Having regard to that, the plaintiff filed an application under Or. 6, R. 17 of the CPC seeking an amendment of the plaint in respect of the valuation of the suit for purposes of Court fee to read as follows :

(3.) The amendment application was rejected by the learned Civil Judge solely on the ground that the suit was one for mere injunction restraining the defendant respondent from interfering with his peaceful possession and enjoyment of the suit schedule property and therefore after, admittedly, valuing the suit for purposes of injunction under S. 26 (c) of the Act, he could not be permitted to overcome the rigour of the higher Court fee by bringing it under S. 26 (a) of the Act.