IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20562 of 2011 Md.Alimuddin Versus The State Of Bihar Thru.Collec ---------------------------------- 02. 24.11.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the defendant- petitioner against the order dated 06.05.2011 passed by Munsif Ist Patna in title suit No.5 of 2010 whereby the learned Court below rejected the application filed by the petitioner under Order 14 Rule 2 sub-Rule 2 C.P.C. for deciding the issue regarding valuation of the suit property and payment of Court fee thereof as preliminary issue. The plaintiff-respondents filed the aforesaid suit for declaration of title and recovery of possession. Accordingly to the plaintiff, the suit was purchased in 1969 at Rs.500/-, the suit has been valued at Rs.1200/-. The defendant-petitioner appeared and filed contesting written statement challenging the valuation of the suit on the ground that now the value of the subject matter of the suit is more than Rs.1.5 lakh and, therefore, if this issue is decided then the Court of Munsif will have no pecuniary jurisdiction to decide the suit. After amendment of the Code of Civil Procedure in the year 1976, it is not obligatory on the part of the Court to decide any issue as preliminary issue even if it is question of law and according to Order 14 Rule 2 sub-Rule - 2 - 2, the Court has the discretion to decide a question of law only as preliminary issue if it relates to the jurisdiction of the Court and a bar created to it by any law for the time being in force. So far the jurisdiction of the Court concerned, it must be a pure question of law. So far valuation or proper valuation of the plaint is concerned, in Full Bench decision of this Court reported in 1987 P.L.J.R. 370 (Md. Alam Vs. Gopal Singh & Ors.), this Court has held that primarily the valuation given by the plaintiff has to be accepted. In 2011 (8) Supreme Court cases 249 (Ramrameshwari Devi & Ors. Vs. Nirmala Devi & Ors.), the Apex Court has held that so far the valuation of the suit or payment of court fee is concerned, it requires evidence and, therefore, it cannot be the question of law and under Order 14 Rule 2 sub-Rule 2, the same cannot be decided as preliminary issue. In view of the above settled principle of law, the learned Court below has rightly refused the issue to decide as preliminary issue. Accordingly, I find no reason to interfere with the impugned order. Thus, this writ application is dismissed. The counsel for the State is present. Sanjeev/- (Mungeshwar Sahoo,J.)