G.S. MAHENDRA Vs. KOMALA

JUDGEMENT

(1.) This revision petition is filed challenging the order dtd. 21/4/2023 passed on I.A.No.3 filed under Order VII Rule 11 read with Sec. 151 of CPC in O.S.No.439/2022.

(2.) The factual matrix of the case of the plaintiff before the Trial Court is that the defendants have obtained the document of release deed by misrepresentation and fraud. Hence, sought for the relief of cancellation of registered release deed dtd. 1/7/2019 as well as other reliefs.

(3.) The defendants appeared and filed an application under Order VII Rule 11 read with Sec. 151 of CPC praying the Court to reject the plaint as there is no cause of action, Court fee paid is insufficient and plaint being not verified and not filed in accordance with law. In support of this application, an affidavit is sworn to by defendant No.1 contending that the plaintiff is his younger sister who is currently in Bengaluru and no proper verification of the plaint since it reflects that she has signed the plaint in Australia but it is filed at Bengaluru and verifying affidavit is also deposed at Australia and not at Bengaluru which is irregular, illegal and not in accordance with law. It is also further sworn to that since she had already received adequate financial assistance while constructing residence at Shivamogga by her brothers and her brothers had supported her financially while her husband was medically suffering Parkinsons and Alzeimers. It is also sworn to that the averments of the plaint are false and no power is given to the GPA holder to institute the suit. It is also sworn to that the Court fee paid in a sum of Rs.25.00 is improper for cancellation of document is sought and ought to have been paid on the market value of each property since there is no valuation of each property hence, the plaint is liable to be rejected and described the item Nos.1 to 6 in paragraph 9 and contended that suit ought to have been valued for the purpose of Court fee under Sec. 38 of Karnataka Court Fees and Suit Valuation Act hence, the plaint is liable to be rejected.