IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.709 of 2006 RAM AUTAR SINGH & ARN Versus RAMASHRAY SHARMA & ORS ----------- 2 16.7.2008 Heard Counsel for the defendant- petitioner. The Court below by the impugned order has rightly held that the issue of valuation of the suit and consequently the pecuniary jurisdiction of the Court on account of such claim of enhancement of the valuation of the suit of the petitioner can be gone into effectively only in the light of the evidence. The submission of the Counsel of the petitioner that there was a government prescribed rate which ought to have been looked into for deciding the preliminary issue in my opinion is absolutely misconceived inasmuch as even that government prescribed rate will have to be led into evidence. As a matter of fact that the Court below has noted that issue no. (v) & (vi) are directly related to these very aspects including the valuation of the suit. Thus in my considered opinion, the Court below has not committed any illegality in rejecting the prayer of the petitioner for deciding this valuation matter of suit as a preliminary issue under Order 14 Rule 2 of 2 the Code of Civil Procedure. Consequently, there is no merit in this civil revision application and the same is hereby dismissed. Rsh (Mihir Kumar Jha, J.)