1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVN. APPLICATION NO. 765 OF 2009 Star Constructions ... Petitioner v/s Rajesh Jawarilal Unecha ... Respondent Mr.S.S.Patwardhan for the petitioner. Mr.Jaydeep S. Deo for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 6TH JANUARY, 2010 P.C.: 1. The application has been filed by the applicant/defendant contending that the order passed by the Trial Court rejecting its application for framing a preliminary issue, is incorrect. According to the applicant, the Civil Judge, Jr. Divn., Pune, does not have the pecuniary jurisdiction to entertain and try the suit. It is contended that the suit has not been properly valued and, therefore, the Trial Court ought to have framed an issue with respect to its jurisdiction under Section 9A of the Code of Civil Procedure. 2 It is further contended that despite there being documents on record, the Trial Court has not considered the said documents while passing the impugned order. A further submission is made that the Trial Court has found fault with the applicant for not leading evidence on the question of the Court’s jurisdiction, without having framed the issue under Section 9A of the Code of Civil Procedure. 2. Having heard the learned advocates for the parties, in my view, the order of the Trial Court cannot be faulted. On a perusal of the application filed by the applicant, the only ground on which the application has been filed is that the Court has no pecuniary jurisdiction. However, no details or particulars have been mentioned in the application as to why the applicant has raised this issue. In my opinion, the Trial Court has rightly dismissed the application as it stands. 3. However, this does not mean that the applicant is without remedy. It is always open for the applicant to invoke the provisions of the Code of Civil Procedure to raise the issue regarding the pecuniary jurisdiction of the Court under Order 7 Rule 10 or under Order 7 Rule 11. Therefore, in my view, there is no need to entertain this civil revision application. 3 4. Civil revision application stands dismissed. 5. In the event an application regarding the pecuniary jurisdiction of the Court is filed by the applicant, either under Order 7 Rule 10 or Order 7 Rule 11 of the Code of Civil Procedure, the same shall be decided by the Trial Court uninfluenced by the impugned order. ..... 4