AIR 2019 KAR 47 ::2018 (4) AKR 818 ::(2019) 1 ICC 1033 ::(2019) 1 Kant LJ 259 ::2019 (1) KCCR SN 1 (KAR)

Karnataka High Court

Hon'ble Judge(s): Dinesh Maheshwari , C.J. AND A. S. Bopanna, Aravind Kumar , JJ

Karnataka Court-fees and Suits Valuation Act (16 of 1958) , S.11(2), S.11(5)— Civil P. C. (5 of 1908) , O.14 R.2— Decision as to proper fee in Courts - Expression 'shall' as used in S. 11(2) and (5) - Is required to be construed as directory and not mandatory - Issue concerning valuation and/or Court-fees raised by defendant - Same is not required to be tried as preliminary issue before taking evidence on other issues - But could be tried as preliminary issue if it relates to jurisdiction. Interpretation of Statues - Use of word 'shall' - Directory or mandatory.ILR 2009 Kar 887, 2015 (3) AIR Kar R 706, 2015 (4) Kar LJ 256, Overruled. The expression 'shall' as used in sub-sections (2) and (5) of S. 11 of the Act of 1958 is required to be construed as directory in nature and not mandatory. In other words, the determination of the questions envisaged by sub-sections (2) and (5) of S. 11 of the Act of 1958 may be undertaken by the Court before the evidence is recorded on the merits of the claim in its discretion; and such a discretion would obviously be conditioned by the requirements of R. 2 of O. 14, CPC 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, it may try such an issue first and before the evidence is recorded on the merits of the claim; and in other ....