1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.998 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri K.B. Sonwalkar for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 11th February, 2010. P.C.: . By this Writ Petition under Article 227 of the Constitution of India, the Petitioners have challenged an order passed by the trial Court by which the trial Court has declined to frame additional issue. The Petitioners are some of the Defendants. 2. An application was made by the Petitioners at Exhibit -115 praying for framing following additional issue. “Whether Plaintiff’s paid the proper Court fee stamp and whether this Court has the jurisdiction to entertain the suit ? 3. Perusal of the issue framed by the Trial Court shows that Issue No.6 has already been framed as 2 regards correctness of the Court fees paid by the Plaintiffs on the suit. The trial Court has rightly rejected the application at Exhibit-115 by passing the impugned order. As the Issue No.6 has already been framed, the trial Court is bound to examine whether the suit has been correctly valued for the purposes of Court fees and jurisdiction. If the trial Court finds that the suit is not correctly valued and the Court has no pecuniary jurisdiction to entertain the suit, it is obvious that the trial Court is bound to pass an appropriate order in accordance with law. 4. Subject to what is observed above, no interference is called for. Hence, the Writ Petition is rejected. All contentions of the parties on merits on the points of valuation and jurisdiction are kept open. (A.S.OKA, J) ash