1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 295 OF 2009 ALONG WITH CIVIL APPLICATION NO. 706 OF 2009 Nuruddin Abdulhussain Neemuchwalla ... Appellant v/s 1. Salim Moosa Khan & ors. ... Respondents Mr.S.D.Patil i/by Mr.Prashant P. Jadhav for the appellant. CORAM: SMT.NISHITA MHATRE, J. DATED: 1ST DECEMBER, 2009 P.C.: 1. The appellant has approached this Court against an order passed by the learned City Civil Court refusing ad- interim relief and at the same time returning the plaint since the plaintiff had not valued the suit properly under section 6(iv)(ha) of the Bombay Court Fees Act, 1959. 2. It is the contention of the learned advocate appearing for the appellant that the Court ought not to have decided on merits whether ad-interim relief should be refused when it 2 decided that it had no jurisdiction to try the suit in view of the wrong valuation of the suit. Reliance is placed on the judgment of the Supreme Court in the case of Athmanathswami Devasthanam v/s K.Gopalswami Ayyangar, reported in A.I.R. 1965 SC 338, in support of this submission. 3. In my opinion, the Trial Court has committed no error in returning the plaint. The order passed which is impugned in this appeal only indicates that ad-interim relief has not been granted to the appellant. The Trial Court can always decide the issue of jurisdiction and before that decision is arrived at under Section 9A(2) of the Code of Civil Procedure, it can also decide whether ad-interim relief should be granted. 4. In my opinion, the Trial Court has not committed any error even on the issue of valuation. The appellant has contended that the suit property was worth Rs.85,00,000/- out of which Rs.31,00,000/- were paid by cheque. The plaintiff i.e. the appellant herein has in his suit sought cancellation of the agreement dated 17.3.2008 with respect to the property which according to the plaintiff is worth Rs. 85,00,000/-. 3 5. In these circumstances, the appeal from order stands dismissed along with the civil application. ..... 4