1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7594 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.S.S.Shah i/by Mr. S.S.Joshi for the petitioner. CORAM : ANOOP V. MOHTA, J. DATED : 20.11.2008 P.C. The petitioner has challenged the impugned order whereby his application to frame preliminary issue on the point of valuation of the suit is rejected. By order in writ petition No.632/2008 this court directed the parties to pay additional court fee and accordingly it has been paid. The submission of learned counsel for the petitioner is that the court fee is not paid properly. Pursuant to the Government Valuer’s report the property involved is about Rs.4 crores. In view of this the court 2 fee is valued at Rs.49,52,399/- is incorrect. The trial court has not considered this facet at all and in fact rejected his application for all the purposes. It is a made clear that the court must consider so far as the court fee part is concerned as contemplated under Section 8 of the Bombay Court Fees Act as detail enquiry is necessary. The Court’s satisfaction is important. Once the court is satisfied that serves the purpose. However, it appears that this facet as contented is not at all considered by the court. Still that cannot be said to be a preliminary issue to halt the suit. Keeping all these points open and the present petition is disposed of with above observation. The Court is bound to consider this facet at the earliest. The petition is accordingly 3 disposed of with above observation. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]