IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.456 of 2007 ----- Dipak Kumar, son of Usha Devi Resident of Village & P.O.-Khamhar, P.S. Mufassil, District- Begusarai. --Defendant no.7-petitioner. Versus 1. Upendra Singh son of Late Giro Singh 2. Pramod Singh son of Late Banarsi Singh Both resident of Village & P.O.-Khamhar, P.S. Mufassil, District-Begusarai. Plaintiffs-Opposite parties 1st Set. 3. Parbati Devi wife of Late Nawal Kishore Singh 4. Gayatri Devi daughter of Late Nawal Kishore Singh 5. Sudama Devi daughter of Late Ramjee Singh All residents of village & P.O.- Khamhar, P.S.-Mufassil, District-Begusarai. Defendants 1st Party-Opposite Parties 2nd Set. 6. Usha Devi daughter of Late Ram Lakhan Singh 7. Ram Shanker Singh son of Usha Devi 8. Chandan Kumar minor son of Usha Devi, under the guardianship of his mother Usha Devi. Resident of Village & P.O.-Khamhar, P.S. Mufassil, Begusarai. Defendants 2nd Party-Opposite Parties 3rd Set. 9. Vikash Kumar S/o Late Binodanand Singh 10. Santosh Kumar S/o Late Arvind Kumar Singh 11. Shashi Bhusan Singh @ Ludho Singh S/O Ram Bahadur Singh All resident of Village & P.O.- Khamhar, P.S.-Mufassil, Begusarai. Defendants 3rd Party-Opposite Parties 4th Set. 12. Bishun Deo Singh S/o Late Ram Nandan Singh 13. Krishnadeo Singh S/O Late Ram Nandan Singh 14. Smt. Bimla Devi W/O Bishundeo Singh 15. Smt. Uma Devi W/O Krishnadeo Singh All resident of Village & P.O.-Khamhar, P.S.-Mufassil, Begusarai. Defendants 4th Party- Opposite Parties 4th Set. 16. Shyam Kishore Singh S/O Late Gajadhar Singh 17. Shiv Dulari Devi D/O Late Banarsi Singh 18. Janaki Devi D/O Late Banarsi Singh 19. Raj Mahal Devi D/O Late Banarsi Singh 20. Veena Devi D/O Late Ram Bahadur Singh 21. Savitri Devi W/O Late Ram Bahadur Singh 22. Babu Saheb S/O Late Arvind Kumar 23. Guriya Kumari d/O Late Arvind Kumar All residents of Village & P.O.- Khamhar, P.S.-Mufassil, Begusarai. Defendants 5th Party-Opposite Parties 5th Set. ---- - 2 - For the petitioner : Mr. Ratnesh Nandan Singh, Advocate For opposite party no.11 : Mr.Amrendra Kumar Sinha No.1,Advocate. ----- 02. 19.08.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by defendant no.7- petitioner challenging order dated 10.01.2007 by which the learned Subordinate Judge-I, Begusarai, rejected his petition dated 07.11.2006 for deciding the question of ad valorem court fee as a preliminary issue in Title Suit No.230 of 2001. 3. The learned court below while passing the said order has relied upon a decision of this court in case of Saraswati Sinha (Smt) and others Versus Shri Nirmal Kumar Gupta, reported in 2005 (2) BLJR 1030, in which it was held that the matter of court fee and valuation is a matter strictly between the plaintiff and the court and the defendant has no role to play. It was also found by the learned court below that the plaint contained all the ingredients needed under the law and the suit has to be decided on all the issues after conclusion of evidence from both sides as the issues have already been framed by the learned court below on 04.07.2006 and the plaintiffs have also filed affidavit of the examination-in-chief of the witnesses and have also filed documents. Hence, learned court below rightly held that in view of the aforesaid position of facts and law the question of valuation can be decided at the time of final hearing of the suit. 4. This court does not find any illegality or jurisdictional - 3 - error in the impugned order of the learned court below. Accordingly, this civil revision is dismissed. Sunil (S. N. Hussain, J.)