1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL REVISION APPLICATION NO. 54 OF 2009 Chunnilalbhai Bhawanjibhai Chawhan Vs. Hiralal Shivjibhai Tank & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. M. P. Khajanchi Adv for applicant. Mr. A. B. Mirza Adv for respondents. CORAM: C. L. PANGARKAR J. DATED: 15 th DECEMBER, 2009. Heard counsel for the petitioner and the respondent. There was a dispute with regard to the appropriate valuation with regard to the suit property. Counsel for the respondent submits that respondent is ready to properly value the claim in the suit and pay necessary court fee. Respondent is at liberty to 2 file appropriate application for amendment before the trial Court and pay appropriate court fee along with the necessary application. Trial Court shall consider the said application on its own merits. Direction has already been given to the respondent to correctly value the claim in the suit before the trial Court by filing an amendment application. After the amendment, naturally the suit would be required to be transferred to the Court of Civil Judge Senior Division as is stated by the counsel for the petitioner and the respondent. Respondent's counsel submits that he does not want to press application under Order 7 Rule 11 Civil Procedure Code and therefore petitioner does not want to press this revision also. He however submits that the Court may direct the trial Court to decide the question of limitation as preliminary issue, if one is raised before the trial Court by filing Written Statement in the suit. Trial Court may decide the said issue if at all so raised in the Written Statement and may also consider any 3 other application that may be filed under Order 7 Rule 11. With these observations this revision is allowed to be withdrawn and is dismissed as withdrawn. JUDGE svk