1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISON APPLICATION NO. 19 OF 2011 Nazeer Ahmed S/o Shaha Mohmad Zargar, Age 63 years, Occu. Retired R/o Mominpura Udgir, Tqluka Udgir, Dist. Latur Appellant V E R S U S Abdul Hafiz S/o Shaha Mohmad Zargar, Age 75 year, Occu. Business, R/o Paigambarpura Udgir, Taluka Udgir, Dist. Latur Respondent Mr. Parag V. Barde, Advocate for the appellant Mr. R.B. Deshmukh, Advocate for respondent CORAM : A.V. NIRGUDE, J. DATED : 8th February, 2011 ORAL JUDGMENT 1. This revision is taking exception to the order passed by the Civil Judge Senior Division, Udgir, Dist. Latur, dated 1st December, 2010, rejecting the applicant / defendant's application, seeking rejection of plaint. The facts leading to this application are as under : 2. The respondent is the plaintiff in the suit. He filed this suit for partition etc. The suit property is house property. the respondent valued the suit, as per the market value of the suit property and paid the Court fees. The respondent took an objection to the correct valuation of the suit property. He contended that the respondent / plaintiff purposely under valued the suit for paying the less Court fees. 2 On this complaint the applicant / defendant sought rejection of the plaint. The learned Judge of the lower Court held that the question of fact in respect of property valuation of the suit would be considered, at the time of trial. Order XIV Rule 2 of Civil Procedure Code, requires the Court to undertake such mode of deciding the suit. The said provision does not allow the Trial Court to decide the suit, only on giving finding on preliminary issue. So, even though the issue of valuation is of preliminary nature, the same should be decided along with other issues. The Trial Court has not committed any error in rejecting the application. The applicant / defendant does not suffer any prejudice because of dismissal. At the time of trial, he would be able to prove his case that the suit was purposely under valued etc. Civil Revision Application stands dismissed. ( A.V. NIRGUDE, J. ) SDM*/CRA 19.11/080211.