G. C. MALLIKARJUNASWAMY Vs. MUDDUGANGAMBIKE

JUDGEMENT

(1.) This petition is filed challenging the impugned order dtd. 24/11/2022 passed on I.A.No.III in O.S.No.1/2016 by the Principal Senior Civil Judge and JMFC, Madhugiri.

(2.) This matter is listed for admission. Heard the learned counsel for the petitioner.

(3.) The challenge made in this revision petition is for rejection of an application filed under Order VII Rule 11(b) read with Sec. 151 of C.P.C., wherein the contention is raised that the suit is not properly valued. The suit is filed for the relief of declaration of title and delivery of possession of suit schedule properties. The trial Court while rejecting the application comes to the conclusion that on perusal of the written statement of the defendants, they have not taken any contentions with regard to the undervaluation of the plaint and non- payment of sufficient Court fee. Therefore, Trial Court held that this Court has not framed any issue with regard to said aspect and, they cannot raise such contentions in the application filed under Order VII Rule 11(b) read with Sec. 151 of C.P.C. The Trial Court also made an observation that without passing any orders on proper valuation and payment of deficit Court fee, it is not just and proper to reject the plaint on face of records and as per the relief sought by the plaintiff, it is the duty of plaintiff to value the suit and to pay the Court fee. Hence, the Trial Court rejected the application filed by the defendants.