- 1 - HC-KAR NC: 2025:KHC-D:8473 CRP No. 100062 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CIVIL REVISION PETITION NO.100062 OF 2023 BETWEEN: N. USHA NAIDU W/O. SRI. N. SURENDRA NAIDU, AGE: 58 YEARS, R/O: S.P. CIRCLE, BRINDAVAN BAKERY, BALLARI – 583 101. …PETITIONER (BY SRI. C. S. SHETTAR, ADVOCATE) AND: S. G. REKHA W/O. GURU PRASAD ACHAR, AGE: 55 YEARS, REPRESENTED BY HER GPA GURU PRASAD ACHAR S/O. SATHYANARAYANA ACHAR, AGE: 62 YEARS, R/O: SATYANARAYANA PET, BALLARI – 583 101. …RESPONDENT THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE ORDER DATED 25.01.2023 AT ANNEXURE – A PASSED BY THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC, BALLRI, IN O.S.NO.140/2003 ON I.A.NO.II. CONSEQUENTLY THE SUIT FILED IN O.S.NO.140/2003 BEFORE III ADDITIONAL CIVIL JUDGE AND JMFC COURT AT BALLARI BE DISMISSED AND ETC., THIS CIVIL REVISION PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:8473 CRP No. 100062 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL) 1. This appeal is by the defendant No.1 being aggrieved by the order dated 25.01.2023 passed in OS No.140/2023 on the file of III Additional Civil Judge and JMFC, Ballari for short, ‘Trial Court’), rejecting the application in IA No.II filed by the petitioner/defendant No.1 under Order VII Rule 11 read with Section 151 of the Civil Procedure Code, 1908 (for short, ‘CPC’) and read with Sections 10 and 11 of the Karnataka Court Fee and Suit Valuation Act, 1958 seeking rejection of plaint. 2. The above suit is filed by the plaintiff/respondent herein seeking relief of mandatory injunction for removal of hut constructed by the defendant. The suit is valued by the plaintiff at Rs.40,000/- and has paid the Court Fee of Rs.2,275/-. According to the defendant, the suit ought to have been valued at Rs.1,31,250/- and the plaintiff was required to pay the Court Fee of Rs.24,763 plus Rs.8,813/- instead of - 3 - HC-KAR NC: 2025:KHC-D:8473 CRP No. 100062 of 2023 Rs.2,275/-. Hence, the application is filed seeking rejection of the plaint. 3. The Trial Court dismissed the said application by impugned order. Being aggrieved by the same, the present petition. 4. An application seeking rejection of the plaint under Order VII Rule 11 of CPC on ground of non payment of Court Fee, can be filed only when the plaintiff on being required by the Court to supply requisite stamp paper within the time to be fixed by the Court to do so, fails to comply with the same. 5. In the instant case, though the defendant has alleged that the plaintiff has undervalued the suit and paid deficit Court Fee, there is no determination on this aspect of the matter by the Trial Court as such, there is no direction either by the Trial Court directing the plaintiff to pay the Court Fee or there is any non-compliance of the same. It is only then when the plaintiff fails to make the payment of Court Fee, would an application under Order VII Rule 11(b) of CPC be maintainable. - 4 - HC-KAR NC: 2025:KHC-D:8473 CRP No. 100062 of 2023 6. In the absence of this requirement of law, no error can be found with the order passed by the Trial Court rejecting the application in IA No.II. 7. Accordingly, petition is dismissed reserving liberty to the petitioner to raise such contention at appropriate stage of the proceedings. Sd/- (M.G.S. KAMAL) JUDGE SMM/CT-ASC List No.: 1 Sl No.: 10