B Y YOGISHWARAPPA Vs. A MUNISWAMY

JUDGEMENT

(1.) The petitioner is before this Court under Article 227 of the Constitution of India, assailing the order dated 04.02.2016 passed on I.A.No.2 in O.S.No.2925/2015 on the file of XI City Civil Judge, Bangalore, by which the petitioner/plaintiff is directed to pay the proper Court fee and file valuation slip in respect of declaration of half share and for partition and separate possession of the suit schedule property.

(2.) The petitioner is plaintiff and respondent is defendant in O.S.No.2925/2015 filed for the following relief :-

(3.) On appearance the defendant filed application I.A.No.2 under Order VII Rule 11(C) of CPC to dismiss the suit as the plaintiff has not paid the proper Court fee. The trial Court based on the plaint averments was of the opinion, that the plaintiff is not in possession of the suit schedule property and averments made in the plaint show that the plaintiff has sought for relief of possession and directed the plaintiff to pay the Court fee under Section 29 of the Court Fees and Suits Valuation Act, 1958, (for brevity 'the Act'), which order is impugned in this writ petition.