IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.55903 OF 2017 (GM-CPC) BETWEEN P S MANJUNATHA, S/O PARASAPPA, AGED ABOUT 53 YEARS, KUBATHOORU VILLAGE, ANAVATTI HOBLI, SORABA TALUK-577419, SHIVAMOGGA DISTRICT. … PETITIONER (BY SRI CHIDAMBARA G S, ADVOCATE) AND M A VINAYAKA, S/O M.G. ARUNACHALA SHETTY, AGED ABOUT 33 YEARS, BUSINESS, KUBATHOORU VILLAGE, ANAVATTI HOBLI, SORABA TALUK-577419, SHIVAMOGGA DISTRICT. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.11.2017 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, SORABA IN O.S.NO.11/2013 REJECTING THE IA NO.8 FILED BY THE PETITIONER SEEKING TO REJECT OR RETURN THE PLAINT FOR NOT HAVING PAID SUFFICIENT COURT FEE AS PER KARNATAKA COURT FEES AND SUITS VALUATION ACT IN THE PLAINT VIDE ANNX-K TO THE W.P AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the 1st defendant in a declaration suit in O.S.No.11/2013 is invoking the writ jurisdiction of this court for assailing the order dated 4.11.2017, a copy whereof is at Annexure - K whereby the court below has rejected his application with the observation as under:
“Except the self-serving say of defendants there is no cogent and convincing material to substantiate that the court fee paid is insufficient. It is a settled law that plaintiff is the master of the suit and the averments of the plaint must be taken into consideration and not the contentions of the written statements. In view of the above I hold that the valuation made by the plaintiffs for the purpose of court fee is correct and the court fee of Rs.100/- paid is sufficient.
2. Having heard the learned counsel for the petitioner and having perused the Petition Papers, this court declines to grant indulgence in the matter inasmuch as the petitioner has got a deferred remedy of putting the subject impugned order as a ground for invaliding the judgment & decree if and when made adverse to his interest, as provided under section 105 read with Order XLIII Rule 1A of CPC, 1908.
Writ Petition is disposed off reserving liberty accordingly as above.
All contentions of parties are kept open.
Sd/- JUDGE cbc