LAWS(KAR)-1973-8-9

S MOHAMMED OMER Vs. SARAN BI

Decided On August 08, 1973
S.MOHAMMED OMER Appellant
V/S
SARAN BI Respondents

JUDGEMENT

(1.) Plaintiff is the petitioner. He filed a suit for partition claiming certain share. He valued the suit under S.35(2) of the Mysore Court Fees and Suits Valuation Act. Defendant 7 raised an objection that the suit ought to have been valued under S.35(1)of the Act. The Court on a preliminary issue, upheld the objection raised by defendant 7. By the order under revision the trial Court directed the plaintiff to pay additional Court fee. Aggrieved by the order, this revision is preferred.

(2.) Several contentions were raised by Sri Bhagawan, learned Counsel for the petitioner. I do not think it is necessary to go into the merits of those contentions because the plaintiff has got an adequate remedy provided under sub-sec. (4) of S.11 of the Act, to challenge the order of the lower Court, in an appeal against the final disposal of the suit. When such question is raised, the appellate Court would be competent to consider the correctness of any order passed by the lower Court affecting the Court fee payable on the plaint. This is not one oJ those cases where on payment of additional Court fee, the trial Court would losei its jurisdiction to entertain the suit.

(3.) I therefore decline to interfere at this stage. Revision petition is dismisseid. No costs.