SONAVVA Vs. MAHADEO

JUDGEMENT

(1.) This Civil Revision Petition filed under Section 115 of C.P.C. by the plaintiff is directed against the order dated 4-1-2003 passed in O.S. No. 345/1999 on the file of the Prl. Civil Judge (Sr. Dn.}, Jamakhandi, wherein the lower Court had directed the plaintiff to ascertain his share in the compensation amount and to pay court-fee within one month, challenging the legality and propriety of the same.

(2.) The Court has heard the arguments of both sides and has perused the material on record.

(3.) The learned counsel for revision petitioner strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The suit of the plaintiff was for partition of his definite share in the suit property and the suit had been valued under Section 35(2) of the Karnataka Court-Fees and Suits Valuation Act ("the Act for short) and fixed court-fee had been paid accordingly. The learned counsel further contended that the trial Court was not justified in calling upon the plaintiff to reascertain his share and pay the court-fee. The learned counsel further contended that the defendants had not taken any plea regarding payment of court-fee by the plaintiff. Hence, he prayed for allowing the revision petition.