N ASWATHAIAH Vs. N NAGARAJU

JUDGEMENT

(1.) This petition is filed challenging the order dated 21.02.2012 passed in O.S. No. 3528/2007 in which the trial Court has held that the court fee paid by the plaintiff is insufficient with a further direction to pay the deficit court fee of Rs. 1,14,325/-. Heard Sri. Ramamohan, learned counsel for the petitioner and Smt. Asha Satyanarayan, learned counsel for the respondent.

(2.) It is seen that the suit in O.S. No. 3582/2007 is for partition and separate possession of property as mentioned in the schedule which are two dwelling houses situated in Magadi Road, Bangalore City Corporation. After the written statement was filed by the defendants, the trial Court has framed an issue No. 6 as to "Whether the Court fee paid is insufficient?" The trial Court thereafter passed the impugned order holding that the court fee paid is insufficient by directing the plaintiff to pay the deficit court fee.

(3.) It is seen that the evidence in the aforesaid suit has not been recorded yet and the submission of the learned counsel for the petitioner is that this issue would have been taken up along with the other issues at the time of the disposal of the suit.