B.P.GAUTHAM Vs. LIKITHGOWDA A.M.

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 5/1/2023 passed in O.S.No.906/2022 on the file of the Principal Civil Judge & JMFC, Mangaluru.

(2.) Heard the learned counsel for the parties and perused the material available on record.

(3.) The material on record discloses that the petitioner - plaintiff instituted a suit against the respondent - defendant for recovery of sum of Rs.85,000.00 together with interest and for other reliefs. In the said suit, the petitioner paid a sum of Rs.6,646.00 by way of court fee vide receipt dtd. 29/8/2022. It is the specific contention of the petitioner that by oversight and inadvertence, the said amount was paid by showing the account as K2 which pertains to the Court at Puttur instead of K1 which relates to the trial court at Mangaluru. Under these circumstance, the said amount of Rs.6,646.00 was paid by the petitioner was credited to the account of Civil Judge, Puttur instead of account of the Trial Court i.e., Principal Civil Judge, Mangaluru. Accordingly, the petitioner filed the instant application seeking recall of the said challan under which amount was credited to the account of the Court at Puttur and to transfer the said amount to the trial Court at Mangaluru before whom the instant suit was undisputedly filed by the petitioner. The said application was rejected by the Trial Court, aggrieved by which, the petitioner is before this Court by way of the present petition.