((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1322 OF 2007 Bhimsingh Ganpatsingh Rajput Petitioner versus Pralhadsingh gulabsingh Rajput and others Respondents Mr.Shriniwas S. Patwardhan for petitioner. CORAM : A.S.OKA, J. DATE : 01st March 2007 PC : 1. In this petition under Article 227 of the Constitution of India, the petitioner is original defendant. The petitioner raised an objection to the valuation of the suit made for jurisdiction and court fees by making an application purporting to be an application under section 9-A of the Code of Civil Procedure, 1908. By the impugned order in this petition the said application has been rejected. As the application was styled as one u/s 9-A of the said Code I find no fault with the impugned order by which the Court declined to frame preliminary issue. While passing the impugned order the ((-2-)) MST learned Judge has observed that the question whether the suit is properly valued or not can be considered at the later stage. 2. Notwithstanding rejection of this application it is always open for the petitioner to make an application for invoking Section 8 of the Bombay Court Fees Act, 1959. (A.S.OKA, J.)