IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9885 of 2011 Sarika Choudhary Versus Ram Jee Prasad & Ors ----------- 02. 01.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 02.05.2011 passed by the Munsif IInd Patna in Title Suit No.12 of 2010 whereby the learned Court below refused to decide the question of valuation of the suit as preliminary issue under Order XIV Rule 2 (2) of the Code of Civil Procedure. The learned counsel for the petitioner submitted that the plaintiff-respondent has filed this aforesaid suit giving the valuation of the suit property at Rs.2,000/- only. The property involved is of Patna and the valuation of the same in the year 1970 has been mentioned at Rs.2,000/- in the sale deed. Therefore, the valuation of the suit property now is more than 10 lakhs. This question touches the jurisdiction of the Court, therefore, the learned Court below should have decided this question as preliminary issue. From perusal of the 2 impugned order, it appears that the learned Court below has observed that this issue involves question of fact as well as law. Admittedly, for giving a finding regarding valuation of the suit property oral evidence as well as documentary evidence is required to be gone into. In such view of the matter, the learned Court below has rightly refused to decide the question raised by the defendant as preliminary issue. In supervisory jurisdiction, therefore, the impugned order cannot be interfered with. However, if this issue is raised by the defendant, the same may be decided along with other issues. Sanjeev/- (Mungeshwar Sahoo,J.)