LAWS(KAR)-2023-7-259

K. RAMACHANDRA Vs. K. PRASAD

Decided On July 14, 2023
K. RAMACHANDRA Appellant
V/S
K. Prasad Respondents

JUDGEMENT

(1.) Heard the petitioner's counsel.

(2.) This revision petition is filed challenging the order of rejection of the plaint invoking Order 7 Rule 11 (c) of CPC since the plaintiff though filed the suit for the relief of specific performance, court fee payable was Rs.2,91,725.00, but he has paid court fee of only Rs.2,00,000.00 and there is a deficit court fee of Rs.91,725.00 and the same was not paid and hence the same is rejected.

(3.) The counsel would submit that due to Covid period could not be able to make the deficit court fee and hence the order requires to be set aside and counsel also would submit that demand draft was taken on 12/10/2022 and already paid court fee of Rs.2,00,000.00 and hence order requires to be set aside.