RAMRAO Vs. MALLAYYA AND ORS.

JUDGEMENT

(1.) DEFENDANT filed I.A. No. 3 under Order 14 Rule 5 read with Section 151 CPC to frame the proposed issues as mentioned in the application and the plaintiffs filed I.A. No. 4 under Order 8 Rule 9 read with Section 151 of CPC seeking permission to file rejoinder to the written statement filed by the defendant No. 1. The Court below has rejected I.A. Nos. 3 and 4 and hence the plaintiffs and the defendant have filed these separate writ petitions.

(2.) THE petitioner -defendant in W.P. No. 202746/2014 who had filed I.A. No. 3 submits that when an application is filed to frame an issue regarding the Court fee, which is the subject matter of jurisdiction of the Court, the Court should have framed preliminary issue and it is the duty of the Court under Section 11(2) of the Karnataka Court -Fees and Suits Valuation Act, 1958 (for short the 'Act') to examine as to whether it has got jurisdiction on Court fee. Without examining the same, the Trial Court has rejected I.A. No. 3 and the same is error of law. Hence, he prays to set aside the order passed on I.A. No. 3.

(3.) I have heard both sides. The reasons assigned by the Trial Court for rejecting I.A. No. 3 filed for framing of an issue is an error of law. As per Section 11(2) of the Act and even otherwise, it is the duty of the Court below to satisfy itself with regard to its jurisdiction on the territory, monetary and also under the Court fees Act to decide by framing a preliminary issue. The defence taken by the defendant is that the land in question is a NA land and the plaintiffs have not properly valued the suit property and not paid sufficient Court fee. When such specific contention has been taken by the defendant, the Court below should have framed preliminary issue with regard to Court fee and non -framing of such issue as a preliminary issue. Hence, W.P. No. 202746/2014 is allowed. The order passed on I.A. No. 3 is set aside. I.A. No. 3 is allowed. The Court below is directed to frame an issue as a preliminary issue with regard to Court fee and suits valuation.