IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19719 of 2010 RAM PRASAD DAS Versus AGAM KUMAR SINGH & ORS ----------- 2 7.12.2010 The petitioner prays for quashing the order dated 16.9.2010 passed by the Munsif Ist, Bhagalpur in T.S.No.19 of 1995 by which the learned court below rejected the petition dated 21.6.2010 filed by the petitioner under Order 14, Rule 2 of the Code of Civil Procedure holding it as not maintainable. The main contention of the petitioner is that the suit property is valued over Rs.5 lacs and as such it would be beyond the jurisdiction of the Munsif to decide the suit. The suit is of the year 1995 and the petitioner defendant filed a written statement in the year 1997. The defendant earlier raised objection regarding valuation of the suit land and pecuniary jurisdiction of the court which was rejected by order dated 19.6.2004, contained in Annexure-2. It appears from perusal of the impugned order dated 16.9.2010 that on the matter of pecuniary jurisdiction an order has already been passed by the court below on 19.6.2004 in which the court observed that there is no need to frame a preliminary issue on this point and it would be decided after final hearing of the case. It further observed that neither party has moved before the higher court against the order dated 19.6.2004 and as such it has become final. 2 KHAN This court finds that the suit is filed way back in the year 1995 and the written statement filed by the petitioner- defendant in the year 1997. The prayer to frame a preliminary issue on the matter of pecuniary jurisdiction has already been rejected by order dated 19.6.2004. In this view of the matter, I do not find any illegality in the impugned order. This writ application is accordingly dismissed. The trial court would expedite the hearing and disposal of the suit preferably within ten months from the date of receipt of a copy of this order as the suit is of the year 1995. All the parties would cooperate in the matter. (S.P.Singh,J)