Preliminary

1. This Larger Bench is constituted for determination of the question that has arisen in this writ petition as to the procedure to be adopted in a civil suit when an issue of suit valuation and court fees is raised on the objection of the defendant. The question referred for determination by this Larger Bench by one of us sitting Single (the Chief Justice) is as under:-

“As to whether, by virtue of Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958, when an issue of valuation and court fees is raised on the objections of the defendants, the same is invariably required to be tried as a preliminary issue and before taking evidence on other issues?”

The relevant statutory provisions

2. Having regard to the question placed before this Bench for determination, appropriate it would be to take note of the relevant statutory provisions at the outset. The relevant provisions contained in Section 11 of the Karnataka Court Fees and Suits Valuation Act, 1958 (‘the Act of 1958’ hereafter) read as under:

“11. Decision as to proper fee in courts.- (1) In every suit instituted in any Court, the Court shall, before ordering the plaint to be registered, decide on the