NAMADEV SITARAM BADIGER Vs. MANOJA CHHAWCHHARAI AND ORS.

JUDGEMENT

(1.) Heard Sri. Namadev, party -in -person and perused the records.

(2.) This Review petition is filed seeking review of the dated 30.07.2013 passed in CRP No. 1002/2012. Said revision petition was filed by the petitioner in person questioning the correctness and legality of order passed by Additional Civil Judge, Senior Division (Dharwad) in O.S.261/2011 dated 09.12.2011 whereunder the review petitioner had been directed to value the suit as required under Sec. 21 of Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'Act'). This Court after having considered the contentions raised by Sri. Namadev, party appearing in person by a detailed order dated 30.07.2013 dismissed the revision petition and affirmed the order dated 09.12.2011. It is this order which is sought for being reviewed.

(3.) It is the contention of Sri. Namadev, party appearing in person that at the time of entering into contract with the respondents, he had deposited money with them which was in a sum of Rs. 12,00,000/ - and same has not been refunded and on account of said amount having not been paid back by respondents, suit in question has been filed. He contends that it is not a suit for recovery of money but a suit seeking for payment of deposit amount which the petitioner had not repaid to the respondents. This argument which was also advanced while adjudicating the revision petition came to be considered and rejected on the ground that it is a suit for recovery of amount from the respondents/defendants and as such petitioner/plaintiff is required to pay advalorem Court fees as provided under Sec. 21 of the Act.