CR– 1 10/09 Smt. Kokila Singh Vs. M/s Sunshine Arts Creations Pvt. Ltd. Judgment dt.9.3.09 1/2 S.B. CIVIL REVISION PETITION NO.110/2009 Smt. Kokila Singh Vs. M/s Sunshine Arts Creations Pvt. Ltd. Date of Order : 9th March, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Ms. Sunita Tiwari for the petitioner. Mr. C.S. Kotwani for the respondent. --------- 1. Heard learned counsels. 2. This revision petition is directed against the order dated 16.5.2008 whereby the learned trial court has rejected the application of the defendant under Order 7 Rule 11 C.P.C. The learned counsel for the petitioner-defendant urged that the learned trial court ought to have decided the issue relating to the courts fees on the basis of material available on record. Firstly she pointed out that despite the order dated 19.9.2005 passed by learned trial court since the plaintiff did not produce the registered sale deed in his favour the Court should not have proceeded further. However, learned counsel for the respondent-plaintiff opposed this submission and submitted that copy of the sale deed has already been produced by the plaintiff which is already marked as Exhibit 2 before the learned trial court and since the learned trial court has not decided this issue so far and nor disputed the valuation of the suit there is no question of payment of any deficit court fees as required under Order 7 Rule 11 clause (b) and (c) C.P.C. 3. Having heard learned counsels, this Court is of the view CR– 1 10/09 Smt. Kokila Singh Vs. M/s Sunshine Arts Creations Pvt. Ltd. Judgment dt.9.3.09 2/2 that this revision petition can be disposed of by directing the learned trial Court to decide the issue relating to the valuation of court fees as a preliminary issue. 4. Learned counsel has also raised ground relating to Order 7 Rule 11 clause (d) C.P.C. However, since the trial court has not pronounced on the said issue of suitability barred by any law, this Court also refrains from doing it. 5. Accordingly this revision petition is disposed of and the learned trial Court shall decide the issue relating to suit valuation and court fees as a preliminary issue before commencing the evidence of the plaintiff. [ DR. VINEET KOTHARI ], J. item No.s/1 babulal/-