IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1042 of 2009 ----------- 1. Bibi Madina Khatoon, wife of late Jainual Haque 2. Md. Afroj Alam, son of late Jainual Haque 3. Md. Bhola Ali @ Md. Mustakkin, son of late Jainual Haque, All residents of village Garhi Mohanpur, P.S. Patori, District Samastipur. …Defendant 2nd party….. Petitioners. 4. Lakhan Rai, son of late Bjhawan Rai, resident of village Dih Madhavpur, P.S. Patori, District Samastipur. …Defendant 3rd party …Petitioner. Versus 1. Md. Naushad Alam 2. Md. Irshad Alam Both sons of Md. Isha …Plaintiff-O.P. Ist set. 3. Md. Isha, son of Sultan. … Defendant Ist Party..O.P. 1st Party. All resident of village Sahpur Undi P.S. Patori, Dstrict Samastipur 4. Md. Jamil 5. Md. Kamal 6. Md. Kurban 7. Md. Kamre Alam All sons of late Jainul Haaue All residents of village Garhi Mohanpur, P.S. Patori, District Samastipur 8. Najroon Khatoon, daughter of late Nainul Haque, wife of Md. Salauddin, resident of village Mahnar, Babu Mohalla, P.O. +P.S. Mahnar, District Vaishali 9. Munia Khatoon, D/o late Jainul Haque, wife of Md. Lal Babu, resident of village Deshri (Near Mashjid), P.O. + P.S. Deshri, District Vaishali. 10. Kamru Nishan, D/o late Jainul Haque, wife of Md. Jubair, resident of Village Meenapur, P.O. + P.S. Hajipur, District Vaishali. …..Defendant 2nd party-O.P. 2nd party. --------- For the Petitioners: Mr. Ashutosh Ranjan Pandey, Advocate. For Opp. Partes : None. ------- 04/ 27.10.2009 Heard learned counsel for the petitioners. 2. This civil revision has been filed by defendants 2nd party-petitioners challenging order dated 06.06.2009, by which the learned Civil Judge-I, Junior Division, Samastipur rejected their preliminary objection regarding the pecuniary jurisdiction of the 2 court with regard to the suit in question, namely, Title Suit No. 15 of 2006. 3. The aforesaid suit was filed by plaintiffs-opposite parties 1st set for declaration of title and confirmation of possession and also for cancellation of sale-deed executed by defendant 1st party in favour of defendant 2nd party and her husband. In the said suit, the valuation of the suit was mentioned as Rs.21,000.00. 4. In the said suit defendants-petitioners appeared and raised a preliminary objection that the valuation of the suit land was more than Rs. 2.5 lacs, which was beyond the jurisdiction of the Civil Judge-I, Junior Division, Samastipur and hence the suit has to be dismissed on that preliminary ground. However, the said prayer was rejected by the learned court below vide its order dated 06.06.2009, which is under challenge in the instant civil revision holding that the valuation of the suit was Rs.28,000.00 on which the plaintiffs have to pay court fee etc. 5. After some arguments, learned counsel for the petitioners seeks permission to withdraw this civil revision in order to raise the said ground of jurisdiction at the time of final hearing of the suit. 6. Considering the facts and circumstances of this case, prayer of defendants-petitioners is allowed and this civil revision is dismissed as withdrawn with liberty to the defendants- petitioners to argue the point of pecuniary jurisdiction of the court for deciding the said suit along with other issues at the time of final 3 arguments in the suit. The learned court below is also directed to consider the said issue on the basis of the pleadings and evidence of the parties as well as the provisions of law along with other issues without being prejudiced either by this order or by the impugned order of the learned court below. MPS/ ( S. N. Hussain, J.)