WPMS 970/2004 Hon’ble Tarun Agarwala, J. Heard Sri Lok Pal Singh, the learned counsel for the petitioner and Sri A.K. Sharma, the learned counsel for the respondents. No counter affidavit has been filed by the respondents. The trial court by an order dated 15th January, 2002 decided issue no. 6 holding that the suit was undervalued. This order was passed on the basis of the issue, which the court below considered, namely, “whether the suit of the plaintiff is undervalued and whether the court fee paid is insufficient”, whereas issue no. 6 as framed on 16th April, 2001 was, namely, “whether the valuation of the suit is overvalued? If yes, its effect.” In the light of the aforesaid, the Court is of the opinion that the court below committed a manifest error in wrongly deciding an issue which was not framed and, on this solitary ground, the impugned order dated 15th January, 2002 cannot be sustained and is quashed. The revisional order, being consequential, is also quashed. The writ petition is allowed. The trial court is directed to decide the matter afresh in accordance with the issues framed by it. Certified copy of this order shall be sent by the registry to the court below within a week for necessary information and action. (Tarun Agarwala, J.) 22-12-2011 SP