HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 4176 OF 2011 ORDER: This revision is filed against the order dated 25.08.2011 passed in I.A.No.459 of 2011 in O.S.No. 2892 of 2010 by the II Junior Civil Judge, City Civil Court, Hyderabad. Petitioner herein is the defendant in the suit viz., O.S.No. 2892 of 2010. Pending suit, the defendant filed an application viz., I.A.No. 459 of 2011 under Order 7 Rule 11 CPC to reject the plaint for non-payment of proper court fee. The Court below dismissed that application holding that the issues can be decided after full-fledged trial only and the plaintiff-respondent herein paid the court fee basing on annual rent alleged in his pliant. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the Court below failed to see that the suit is under valued and such an aspect can be decided at any stage of the suit as per Section 11 of the Act 7 of 1956 and the court below ought to have decided the IA on its own merits without dismissing the same stating that the said aspect can be decided after the full fledged trial. On the other hand, the learned caveator, appearing for the respondent submits that the matter is posted for arguments and at that stage, the application filed for framing of an issue that the suit is properly valued or not has no legal sanctity. Heard the learned counsel appearing for both sides and also perused the material made available on record. As seen from the record, the IA was filed to reject the plaint for non-payment of proper court fee. But the court cannot reject the plaint on the basis of the allegations made by the defendant in his written statement or in an application for rejection of plaint. The Court has to read the entire plaint as a whole to find out whether it discloses cause of action and if it does, then the plaint cannot be rejected by the court exercising the powers under CPC. Hence, the trial Court is directed to verify whether there is any averment with regard to valuation of suit, and then frame an issue to that effect. With the above observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. _________________________ GHULAM MOHAMMED, J DATE: 18th November 2011 KA