RAJALAKSHMI SDAGOPAN Vs. VASANTHA JAGADEESH

JUDGEMENT

(1.) BY the impugned order, the Court below has rejected the application filed under Order VII Rule 11 of CPC.

(2.) THE records reveal that the first respondent filed a suit for partition and separate possession. The petitioner being defendant No.5, filed application under Order VII Rule 11 of CPC for rejection of the plaint on the ground that the plaintiff ought to have paid Court fee by valuing the suit under Section 35(1) of the Karnataka Court Fees and Suits Valuation Act ('Act' for short) and not under Section 35(2) of the Act. The said application is rejected by the Court below on the ground that the plaintiff has specifically pleaded in paragraph -9 of the plaint that she is in joint possession of the property along with other defendants.

(3.) SRI Madhusudhan Rao, learned counsel appearing for the petitioner submits that the Court below has erred in misreading the contents of paragraph -9 of the plaint; the plaintiff, in none of the paragraphs has averred that she is in joint possession of the property and therefore the plaintiff ought to have paid Court fees by valuing the suit under Section 35(1) of the Act.