Procedure in a civil suit to determine the objections raised on the payment of court fees.
In a civil suit filed by the plaintiffs, the defendants in the usual course of filing their objections/written statement raise an objection that the court fee paid in insufficient or the court fees in not paid properly. in this regard a question arose and the Full bench of High Court of Karnataka has answered how to determine the court fees in a case where there is an objection on the payment of court fees. the question was:
“As to whether, by virtue of sec 11 of the Karnataka court fees and suit valuation act, 1958, when an issue of valuation and court fees is raised on the objections of defendants, the same is invariably required to be tried as a preliminary issue and before taking evidence on other issues?”
The court has held that as per Sec.11(2)&(5) of the act, the determination shall be taken by the court before the evidence is recorded on the merits of the claim in its discretion and such discretion shall be conditioned by requirements of rule 2 Or 14 of CPC. In our view, if the court finds that the question of valuation and or court fees as raised by the defendant relates to the jurisdiction of the court as it may try such an issue first and before the evidence is recorded on the merits of the claim: and in other eventualities the court may examine such a question of valuation and/or court fees, but not necessarily as preliminary issue of before the evidence on the other issues.