D.R. PREMALEELA Vs. D.R. HANUMANTHA RAJU

JUDGEMENT

(1.) THIS appeal is filed by the aggrieved plaintiffs of O.S.No.7731/2009 on the file of the XXV Additional City Civil Judge, Bangalore, dated 12.04.2013 in rejecting their plaint under Order VII Rule 11(b) and (c) of the Code of Civil Procedure, for non -payment of the court fee.

(2.) FACTS relevant for adjudication of this appeal is: The plaintiffs being the three daughters of one deceased D.Ramaiah Setty, filed a suit for partition against their brother (First defendant) niece & nephews (defendants -2 to 10) for partition of their share in the suit schedule property. They are spinsters.

(3.) THE suit was contested by the defendants. During the pendency of the suit, one of the plaintiffs expired and the defendants -2 to 8 did not appear and defendants -9 and 10, who are none other than the sons of first defendant adopted the written statement filed by the first defendant. The plaintiffs filed an application/I.A.No.17 seeking amendment of the plaint by adding the prayer to the effect "declaration that the gift deeds executed by the first defendant in favour of defendant Nos.9 and 10 is null and void and not binding on the plaintiffs". Said application was allowed; plaint was amended; amended plaint was filed and additional issues were framed. Plaintiffs were called upon to file valuation slip in respect of 'C' schedule property (property gifted under the Registered deed) and to pay additional court fee. Though the plaintiffs filed fresh valuation slip, they contended that they were not required to pay additional court fee.