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IN THE COURT OF THE CITY CIVIL JUDGE AT BANGALORE

O. S. No: 3660/2015
Between:
Smt. Chamundi. ..Plaintiff.
And:
Smt. Kuppu and others. ..Defendants.
I. A. No: __/2017
Applicant: ..Smt. Shanthi.
And:
Opponent: ..Smt. Chamundi.

Application under order 14 Rule 5 read with section 151 of CPC


And section 11 of K.C.F and S.V Act

That for the reasons sworn to in the accompanying affidavit it is prayed

that this Hon’ble court be pleased to frame additional issue as below with regard

to the court fee paid by the plaintiff thereby treat the said issue as preliminary

issue, decide the same on merits before recording evidence on merits, in the

interest of justice and equity.

Additional issue:

“Whether the court fee paid by the plaintiff is sufficient/proper?”

Bangalore.

Date:

Advocate for D-3.


IN THE COURT OF THE CITY CIVIL JUDGE AT BANGALORE
O. S. No: 3660/2015
Between:
Smt. Chamundi. ..Plaintiff.
And:
Smt. Kuppu and others. ..Defendants.
Affidavit
I, Smt. Shanthi, W/o. Manikandan, aged about 35 years, r/at: # 636, 29 th
main, corporation colony, Jayanagar 9th block, Bangalore-69, do hereby solemnly
affirm and state on oath as follows:
1. I am the 3rd defendant in the above case and I am well aware of the facts
of the case. I am authorized to swear to this affidavit on behalf of other
defendants also. I pray this Hon’ble court to read and treat the averments made
in the written statement and the documents produced therewith as part and
parcel of this affidavit also.
2. I submit that the plaintiff has sought setting aside and cancellation of sale
deed dated: 29/3/2014 apart from the relief of declaration, possession and
injunction. In my written statement at para 12(d), I have pleaded regarding
insufficient court fee paid by the plaintiff compared to the relief sought. I have
also requested this Hon’ble court to frame an issue in that regard and to treat the
same as preliminary issue as the court fee is a matter of state exchequer and the
plaintiff is not entitled to proceed with the matter in the absence of paying the
proper court fee. Section 11 of KCF and SV Act mandates this Hon’ble court to
decide the court fee payable before recording evidence. Hence the application.
3. I submit that no hardship would be caused to the other side by allowing
the application. Hence I pray this court to allow the application in the interest of
justice and equity.
Identified by me.

Advocate. Deponent.
Bangalore.
Date:

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