IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1576 of 2006 SMT.URMILA DEVI Versus BIRENDRA PRASAD SINGH & ORS ----------- 4 09.01.2009 Heard counsel for the petitioner. In the opinion of this Court, when the counsel for the petitioner admits that the question of limitation being a mixed question of fact and law could not have been gone into as a preliminary issue, the only question which would survive for deciding the correctness of the impugned order is as to whether the issue of pecuniary jurisdiction could have been gone into at the initial stage by way of preliminary issue or at the time of adjudicating the suit finally. This aspect of the matter in fact would largely depend on the relief being claimed by the plaintiff- opposite parties. It appears that the suit in hand has been only filed for cancellation of a sale deed dated 25.4.1988 on the basis of which the petitioner claims his title but then Mr. Dwivedi, counsel for the petitioner would submit that there is also a relief being claimed by the plaintiffs-opposite parties of his independent absolute title over the land which would require him to value the suit as per present market value. This aspect of the matter ought to have been considered by the Court below - 2 - in the light of the entire pleadings in the plaint read with the relief portion thereof. Mr. Dwivedi, to that extent seems to be correct that if ultimately this question is decided by the court below that it had no pecuniary jurisdiction, its entire exercise may go waste. Under such circumstances, this Court would set aside the impugned order and remit the matter back only to frame the issue of pecuniary jurisdiction as a preliminary issue and decide as to whether the Court had a preliminary issue or not in the light of the averments and prayer made in the plaint. It is made clear that in the event the Court below will hold that it had the pecuniary jurisdiction to try the suit it would proceed to decide the other issues. With the aforementioned observation and direction this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)