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Ramakrishna Setty Vs. Property Manager, Csi

Ramakrishna Setty vs Property Manager, Csi

Disposition Petition rejected Court Karnataka Decided Dec 16, 1985
~2 min read
https://sooperkanoon.com/case/380408

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
C.R.P. No. 3726 of 1985
Subject
Civil
Disposition
Petition rejected

Case Summary

AI-generated summary - not the official court judgment text.

KARNATAKA COURT FEES & SUITS VALUATION ACT, 1958 (Karnataka Act No. 16 of 1958) - Section 19 -- Court has wide powers to enquire regarding Court fee and market value notwithstanding framing of issues and evidence of parties relating thereto.;By enacting Section 19 of the Act, the Legislature has clothed the Cour...

Key legal issue
Civil
Outcome / disposition
Petition rejected
Acts & sections
Karnataka Court Fees & Suits Valuation Act, 1958 - Sections 19

Parties & Advocates

Appellant / Petitioner

Ramakrishna Setty

Advocate U.L. Narayana Rao, Adv.

Respondent

Property Manager, Csi

Legal References

Acts
Karnataka Court Fees & Suits Valuation Act, 1958 - Sections 19
Reported In
ILR1986KAR979

Excerpt

karnataka court fees & suits valuation act, 1958 (karnataka act no. 16 of 1958) - section 19 -- court has wide powers to enquire regarding court fee and market value notwithstanding framing of issues and evidence of parties relating thereto.;by enacting section 19 of the act, the legislature has clothed the court with wide powers to enquire regarding court-fee and market value of the properties. in the procedure laid-down in that section, it is the court's satisfaction and not the satisfaction of the parties which is of importance. the court fee is a matter of public revenue ; where public revenue is likely to be affected, the court has been given wide powers to prevent it.;in the instant case, a perusal of the order indicates that the parties have not led sufficient evidence in regard to market value and therefore need has arisen to follow the procedure and exercise the power available to the court under section 19 of the act. - employees state insurance act, 1948 [c.a. no. 34/1948] -- section 39: [k. ramanna, j]default in making remittance of the amount collected towards e.s.i. held, interest payable on each days delay. interest cannot be waived on the ground that the department had filed an appeal. - perhaps if there was cogent evidence in regard to market value, the court may have been satisfied with that evidence......has come to this court under section 115 of the c.p.c. inter alia contending that the question of court fee and market value of the suit properties was specifically in issues nos. 6 and 7 and parties had led evidence and therefore there was no need for enquiry under section 19 of the act.2. i do not think the learned counsel's contention can be accepted by this court. by enacting section 19 of the act. the legislature has clothed the court with wide powers to enquire regarding court fee and market value of properties. in the procedure laid down in that section, it is the court's satisfaction and not the satisfaction of the parties which is of importance. the court fee is a matter of public revenue ; where public revenue is likely to be affected, the court has been given wide powers to prevent it. in the instant case, a perusal of the order indicates that the parties have not led sufficient evidence in regard to market value and therefore the need has arisen to follow the procedure and exercise the power available to the court under section 19 of the act. i therefore do not see any improper exercise of jurisdiction. perhaps if there was cogent evidence in regard to market value, the court may have been satisfied with that evidence. i have nothing before me to conclude that such evidence has been led by parties which would normally satisfy the court. in the result, this revision petition is misconceived and it is rejected.3. i must, however, direct the learned munsiff to complete the collection of material from the commissioner and the deputy commissioner within three months from the date of receipt of this order.

Full Judgment

ORDER

Chandrakantaraj Urs, J.

1. At a very late stage in the suit the Learned Principal Munsiff, Tumkur, has made an order appointing the Sub-Registrar having jurisdiction over the suit schedule property Commissioner to value the same as of the year 1980, the year in which the suit was filed. He has also directed that the Deputy Commissioner, Tumkur, be made a party and copies of the plaint etc., may be furnished to him. He has purportedly exercised that power under Section 19 of the Karnataka Court Fees and Suits Valuation Act, 1960, (hereinafter referred to as the Act). Aggrieved by the same, the plaintiff has come to this Court under Section 115 of the C.P.C. inter alia contending that the question of Court fee and market value of the suit properties was specifically in issues Nos. 6 and 7 and parties had led evidence and therefore there was no need for enquiry under Section 19 of the Act.

2. I do not think the Learned Counsel's contention can be accepted by this Court. By enacting Section 19 of the Act. the Legislature has clothed the Court with wide powers to enquire regarding Court fee and market value of properties. In the procedure laid down in that Section, it is the Court's satisfaction and not the satisfaction of the parties which is of importance. The Court fee is a matter of public revenue ; where public revenue is likely to be affected, the Court has been given wide powers to prevent it. In the instant case, a perusal of the order indicates that the parties have not led sufficient evidence in regard to market value and therefore the need has arisen to follow the procedure and exercise the power available to the Court under Section 19 of the Act. I therefore do not see any improper exercise of jurisdiction. Perhaps if there was cogent evidence in regard to market value, the Court may have been satisfied with that evidence. I have nothing before me to conclude that such evidence has been led by parties which would normally satisfy the Court. In the result, this Revision Petition is misconceived and it is rejected.

3. I must, however, direct the Learned Munsiff to complete the collection of material from the Commissioner and the Deputy Commissioner within three months from the date of receipt of this order.

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