VENKATESH R DESAI REPRESENTED BY HIS POWER OF ATTORNEY HOLDER ARUN R DESAI Vs. PUSHPA HOSMANI AND ORS

JUDGEMENT

(1.) Preliminary

(2.) Having regard to the question placed before this Bench for determination, appropriate it would be to take note of the relevant statutory provisions at the outset. The relevant provisions contained in Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 ('the Act of 1958' hereafter) read as under:

(3.) On the other hand, the relevant provisions contained in Rule 2 of Order XIV of the Code of Civil Procedure, 1908 ('CPC' hereafter), as to the procedure to be adopted for the purpose of trial of the issues in a civil suit; and as to which of the issues could be tried at the first and before settlement of other issues, read as under:-