IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR CIVIL REVISION PETITION NO. 163 OF 2019 Between:
B.J.Ramesh S/o late Javaregowda Aged about 30 years R/o K.Byrapura Grama, Bagur Hobli, Chanraypatna Taluk, Hassan District – 34.
(By Sri.K.C.Pratheep, Advocate) And:
1. M/s Mysore Minerals Co. Ltd., No.39, M.G.Road, Bengaluru – 560001.
Represented by its General Manager.
2. The Manager Deep Construction Doddanavar Compound Area Near Port, P.B.Road, Belgaum Taluk, Belgaum District – 590016.
3. Sandeep The Manager, Panekatte Deep Construction Pvt Co., Bakthrhalli Mines, K.Byrapura Village, …Petitioner Bagur Hobli, Chanraypatna Taluk, Hassan District – 34.
4. Senior Geologist Mines and Geology Department, Khanija Division, No.NAG-73, Kuvempunagar, Hassan District – 34.
5. The Director, Mines and Geology Department, No.49, Khanija Bhavan, Race Course Road, Bengaluru – 560001.
6. The Tashildar Taluk Office, Chanraypatna, Hassan District – 34.
…Respondents This Civil Revision Petition is filed under Section 115 of CPC., against the order dated 22.10.2018 passed in OS NO.39/2016 on the file of the Senior Civil Judge and JMFC., at Channarayapatna, rejecting the plaint for non- compliance of order and non-payment of necessary Court fee within prescribed period and non-production of stay extension order.
This Civil Revision Petition coming on for Orders, this day, the Court made the following:
ORDER The office objections are sustainable though the learned counsel for the petitioner tries to make out a case that revision is maintainable.
2. The petitioner was earlier permitted by the trial Court to sue as an indigent person. Later on, at the instance of the respondent No.1, permission granted was recalled according to Order 33 Rule 9 of CPC. This order was challenged in the writ petition. It appears, in the writ petition, the order dated 05.12.2017 passed under Order 33 Rule 9 of CPC was stayed. The trial Court thereafter following the judgment of the Hon’ble Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd and another v/s Central Bureau of Investigation (Crl.A.Nos.1375-1376/2013) reported in AIR 2018 SC 2039 vacated the stay and rejected the plaint for the reason that Court fee was not paid. Rejection of plaint for this reason is an order passed under Order 7 Rule 11 of CPC. This order amounts to decree which is appealable. Therefore, this Civil Revision Petition is rejected.
3. The petitioner is at liberty to pursue other remedy as is available to him under law.
Sd/- JUDGE NS