IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15414 of 2011 Chhathu Ram @ Chhathu Paswan & Ors Versus Damodar Singh ---------------------------------- 03. 21.09.2011. Heard the learned counsel for the petitioners. By the impugned order dated 09.12.2010 passed by Munsif I, Vaishali at Hajipur in title suit no.14 of 2008, the learned Court below refused to decide the valuation of the suit as preliminary issue under Order 14 Rule 2 Sub Rule 2 of the C.P.C. The learned counsel for the petitioners submitted that in fact, the value of the suit property is more than Rs.3,60,000 but the plaintiff valued the suit property only at Rs.10,000. In support of the contention the defendant also filed two registered sale deeds whereby the adjoining lands have been sold to different persons. Order 14 Rule 2 of the Code of Civil Procedure mandates that the Court is required to decide all the issues by pronouncing judgment. This provision is subject to provision as contained in Sub Rule 2 of Rule 2. According to Sub Rule 2, the only question of law which relates to the jurisdiction of the Court or a bar to the suit created by any law can only be decided as preliminary issue. However, this Sub Rule 2 is not mandatory. The Court has the discretion to decide the same as preliminary issue and it is not obligatory on the 2 part of the Court to decide the same first after amendment of the Code of Civil Procedure in the year 1976. Here, the question of valuation is neither a question of law nor it relates to the jurisdiction of the Court or a bar created by any law and, therefore, in my opinion, the learned Court below has rightly rejected the prayer of the petitioner. I, therefore, find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)