VIJAYALAKSHMI Vs. UGAMA BAI AND ORS.

JUDGEMENT

(1.) Plaintiff in O.S. 1467/2006 on the file of 24th Addl. City Civil and Sessions Judge at Bangalore has filed this writ petition challenging the order on I.A. No. 4 dated 10.1.2013 in O.S. No. 1467/2006.

(2.) For the sake of convenience, parties herein are referred to as per their rank in the trial Court.

(3.) Plaintiff has filed O.S. No. 1467/2006 against the defendants for declaration and permanent injunction. The defendant filed I.A. No. 4 under Order VII Rule 11 of CPC to reject the plaint. It was contended by the defendant that the suit property was not properly valued by the plaintiff and the requisite court fee was not paid inspite of the note in the order sheet dated 24.2.2010 of the trial court. Plaintiff resisted the said application and sought for dismissal of the same. After hearing the parties, the trial Court allowed the application filed by the plaintiff in part against which this writ petition is filed by the plaintiff.