GURJAR POWER ENGINEER PRIVATE LIMITED Vs. KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) THIS revision petition arises under S. 115 of the CPC from the judgment and order dt. 31st March, 1998 passed by the Additional City Civil Judge, Bangalore deciding the issue No. 4 to the effect that whether the defendants prove that the Court fee paid is insufficient.

(2.) THE Court below after detailed consideration of the matter has opined that the case was one covered by S. 24 (b) of the Karnataka Court Fees and Suits Valuation Act. No doubt, an attempt was made by the defendant to avoid payment of Court fees. It found that the case could not be said to be covered by Section 24 (b) of the Karnataka Court Fees and Suits Valuation Act. It further opined that substantial relief sought for was not a declaration of the right of the plaintiff, but a declaration that the proposed action to recover the amount from the defendants should be stopped and so it directed that the plaintiff has to pay the Court fee of Rs. 7,61,092/- and file a fresh valuation slip.

(3.) I have heard Miss. T. V. Honnamathi holding brief for Sri H. S. Dwarakanath counsel for the revision petitioner and Sri B. Aswathaiah, learned counsel for the respondents.