IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4052 of 2010 1. MANJU GUPTA W/O SHRI BHUNESHWAR PRASAD GUPTA 2. ANJALI GUPTA W/O SHRI DINESHWAR PRASAD GUPTA. BOTH R/O MOHALLA- VISHWAKARMA COLONY, RUPASPUR, BHATHAPAR, P.O.- SAHAI NAGAR, P.S.- RUPASPUR (DANAPUR), DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA 2. GAYATRY DEVI W/O SHRI SHEO PRASAD R/O VILL.- MURLICHAK, P.O.- B.V. COLLEGE, P.S.- GARDANIBAGH, DISTT.- PATNA 3. KAMLESH SINGH S/O LATE BHASO MAHTO 4. SHYAM SHARMA S/O JANG BAHADUR SINGH 5. SHANKAR SHARMA S/O LATE JAGDEO SHARMA ALL R/O VILL.- VISHWAKARMA COLONY, RUPASPUR, BHATHAPAR, P.O.- SAHAI NAGAR, P.S.- RUPASPUR (DANAPUR), DISTT.- PATNA For the petitioners : Mr. V.N.Pathak, Advocate. For the State : Mr. R.C.P. Bharti, Advocate. Mr. Md. Aslam Ansari, Advocate. ----------- 2. 15-09-2010 1. Heard learned counsel for the petitioners and learned counsel for the State of Bihar (Respondent no. 1). 2. This writ petition has been filed by the petitioners challenging order dated 08-12-2009 by which the Additional Munsif- VI, Danapur did not allow the petition of the defendants-petitioners for deciding the issue of pecuniary jurisdiction of the court as a preliminary jurisdiction in T.S. No. 4 of 2007 and allowed the application of plaintiff-respondent no. 2 for a scientific measurement of the land in question. 3. The aforesaid suit was filed by plaintiff-respondent no. 2 for declaration of title, recovery of possession and removal of encroachment along with other ancillary relief. In the said suit pleadings were completed and issues were framed in which Issue No. 6 was framed as to whether the court had the pecuniary jurisdiction 2 to decide the suit. 4. It further transpires that plaintiff-respondent no. 2 had filed an application in the court below for measurement of the suit land which was alleged to have been encroached. Defendants- petitioners had also filed an application for deciding the issue of jurisdiction as a preliminary issue under the provision Order 14 Rule 2 of the Code of Civil Procedure. The grievance of the defendants- petitioners is that without deciding the question of jurisdiction the court below had allowed the application of the plaintiff-respondent no. 2 for measurement of the suit land. 5. From the materials on record as well as from the facts and circumstances of this case, it is quite apparent that the valuation of the suit is directly connected with the measurement of the suit land and no finding with regard to valuation of the suit can be legally arrived at by the court without ascertaining the measurement of the suit land. In the said circumstances, the court below had rightly allowed the application of the plaintiff for scientific measurement of the suit land. However, the question of jurisdiction of the court to decide the said matter is a very important matter which has to be thrashed out at the preliminary stage itself. In the said circumstances, the court below is directed to decide the preliminary issue of jurisdiction immediately after the receipt of the report of scientific measurement. 6. With the aforesaid direction, this writ petition is disposed of. Sujit (S.N.Hussain, J.)