NAMADEV SITARAM BADIGER @ SHAHAPUR SHAHAPUR AGRO ALES Vs. MANOJA CHHAWCHHARAI, GAURAV CHHAWCHHARAI PARTNER AND PROPRIETOR OF AMIBICA IRON INDUSTRIES

JUDGEMENT

(1.) HEARD Sri Namadev Sitaram Badiger @ Shahapur appearing as party in person.

(2.) THIS revision petition under Section 115 Code of Civil Procedure, 1908 is filed by the petitioner who was the plaintiff in O.S. No. 261/2011 on the file of I Addl. Civil Judge, (Sr. Dn), Dharwad whereunder an order came to be passed on 09.12.2011 directing the plaintiff to file fresh valuation slip and pay necessary Court fee as required under Section 21 of the Karnataka Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as 'KCF and SV Act' for brevity) on or before the next date of hearing.

(3.) PER contra, learned Government Advocate who had been directed to take notice of this petition and assist the Court since the issue related to payment of Court fee is involved, would support the order passed by trial Court by contending that suit is one for recovery of money from defendant and as such, direction given by the trial Court to the plaintiff to furnish fresh valuation under Section 21 of the KCF and SV Act and pay the Court fee accordingly is just and proper and does not call for interference.