IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 4 OF 2021 BETWEEN:

1 . N H POORNIMA AGED ABOUT 53 YEARS, W/O LATE H SRINIVASA MURTHY R/AT NO.337, 10^TH MAIN, SRINIVASANAGARA BSK 1^ST STAGE BENGALURU - 560 050.

PETITIONER NO.1 DEAD LR’S ARE ALREADY ON RECORD AS PETITIONERS NO.2 AND 3

2 . SUSHMITHA S AGED ABOUT 26 YEARS, D/O LATE H SRINIVASA MURTHY R/AT NO.337, 10^TH MAIN, SRINIVASANAGARA, BSK 1^ST STAGE, BENGALURU - 560 050.

3 . S HEMANTH BHARADWAJ AGED ABOUT 25 YEARS S/O LATE H SRINIVASA MURTHY R/AT NO.337, 10^TH MAIN, SRINIVASANAGARA BSK 1^ST STAGE, BENGALURU - 560 050.

...PETITIONERS (BY SRI. D.R. RAVISHANKAR., SR. COUNSEL FOR SRI. SARAVANA.S., ADVOCATE)

AND PADMAJA S AGED ABOUT 36 YEARS, D/O LATE SRI P SAI PRASAD R/AT NO.495, 9^TH CROSS, RAJMAHAL VILAS EXTENSION BENGALURU - 560 080.

….RESPONDENT (BY SRI. N.RAVINDRANATH KAMATH., SR. COUNSEL FOR SRI. KAUSHIKA U., ADVOCATE)

THIS CRP FILED UNDER SEC.115 OF CPC., PRAYING TO CALL FOR THE RECORDS IN O.S. NO. 2092/2020 ON THE FILE OF THE XXIX ADDL. CITY CIVIL JUDGE (CCH30) AT BENGALURU AND SET ASDIE THE ORDERS DATED 09.06.020 PASSED IN O.S.NO.2092/2020 AND CONSEQUENTLY DISMISS THE SUIT IN O.S.NO.2092/2020 ON THE FILE OF THE CITY CIVIL JUDGE , BENGALURU AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED ON

22.01.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE R DEVDAS

CAV ORDER

(PER: HON'BLE MR JUSTICE R DEVDAS)

This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, at the hands of the defendants in O.S.No.2092/2020 on the file of the learned XXIX Addl. City Civil Judge (CCH-30) at Bengaluru, with the following prayers:

(i) Call for the records in O.S.No.2092/2020 on the file of the XXIX Addl. City Civil Judge (CCH30) at Bengaluru and;

(ii) Set aside the orders dated 09/06/2020 passed in O.S.No.2092/2020 and consequently dismiss the suit in O.S.No.2092/2020 on the file of the City Civil Judge at Bengaluru and;

(iii) Pass such other orders as may be deemed appropriate in the ends of justice and equity.

2. The parties are referred to as per their ranking before the Trial Court.

3. The contention of the defendants in brief is that the suit is filed for recovery of Rs.17,00,000/- (Rupees Seventeen Lakhs Only) along with interest at the rate of 18% per annum. The suit was filed on 17.11.2017 without payment of court fee. The Registry raised objection that court fee of Rs.1,26,820/- is not paid by the plaintiff along with the suit. However, an interlocutory application under Section 149 of CPC was filed seeking two months time to pay the court fee. No further application was filed for extension of time to pay the deficit court fee. However, on 05.03.2020 office note is put up stating that by oversight the file was missing and hence the file is placed before the learned Judge for orders. The learned Judge directed issuance of notice to plaintiff and plaintiff’s counsel, and to list the matter on 16.03.2020. Office note on 16.03.2020 is that the notice is served on the plaintiff and the learned Counsel for the plaintiff. However, the learned Prl. City Civil and Sessions Judge, passed an order on 16.03.2020 that the learned Advocate for plaintiff is present and files memo with Demand Draft for Rs.1,26,820/-, in favour of the Registrar, City Civil Court, towards deficit court fee. Accordingly, office was directed to send the Demand Draft to Cash Branch. Office was directed to verify correctness of payment of court fee and then put up by 30.03.2020. On 09.06.2020 office note is that due to lockdown, case is taken on the day’s board, for kind orders. Order is passed by the learned Judge that the deficit court fee is paid, hence register the suit.

4. Learned Senior Counsel Sri D.R.Ravishankar, appearing for the defendants submitted that the provision contained in Section 149 of the Code of Civil Procedure, vests the