1 CWP No.4954/2008 गोpa ल IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.4954/2008 Yatindra Sharma Versus Kamla Devi and others Date of order ::: May 21, 2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Sudesh Bansal, for the petitioner By this writ petition the defendant-petitioner is challenging the order dated 6.5.2008 (Anx.1) whereby his application filed under Order 7 Rule 10 CPC to return the plaint for presentation in proper court on the gorund of under- valuation of the civil suit has been rejected. Submission of counsel for the defendant-petitioner is that the civil suit which is said to be seeking prohibitory and mandatory injunction is in fact a suit for specific performance of the contract for getting the sale deed registered in favour of the plaintiff by the Nagar Nigam. He also submits that Issue No.7 to the aforesaid effect has already been framed and any observation made in the decision on the aforesaid application under Order 7 Rule 10 CPC vide order dated 6.5.2008 will prejudice the decision on the Issue No.7. He further submits that the trial court is having jurisdiction to hear and decide the suits which are valued upto Rs.25,000/- only and in case the valuation is made as per the Rajasthan Stamps and Court Fees Act, then the same would exceed Rs.25,000/-. 2 CWP No.4954/2008 गोpa ल I have gone through record of the writ petition and further considered submissions made by counsel for the petitioner. In my view, when there was a specific issue No.7 then the petitioner ought to have filed an application for deciding the same as a preliminary issue affecting the pecuniary jurisdiction. When the petitioner himself has filed application under Order 7 Rule 10 CPC for the same relief, then the court was required to adjudicate the same. In my view, no error has been committed by the court below. However, the findings given by the trial court are in the nature of prima facie findings and the same will not affect the ultimate decision of the suit. The writ petition is dismissed with the above observations. (PREM SHANKER ASOPA) J. गोpa ल