IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17922 of 2011 Yamuna Sharma Versus Md.Ushman Ansari & Ors ---------------------------------- 3. 18.10.2011 Heard the learned counsel for the petitioner. By the impugned order dated 15.7.2011 passed by Additional Civil Judge-I, Naugachhia in Title Suit No. 29 of 2008 the application filed by the petitioner on 8.12.2008 praying for deciding the valuation of the suit and payment of ad valorem court fee thereon has been rejected by the court below. The learned counsel for the petitioner submitted that since the plaintiff has valued the suit arbitrarily and the court fee has been paid on the valuation given in the plaint, this issue should have been decided as preliminary issue. From perusal of the impugned order it appears that the learned court below has relied upon a Full Bench decision of this Court reported in 1987 PLJR 370 wherein it has been held that prima facie the value put forth by the plaintiff is to be accepted. So far deciding the question as preliminary issue is concerned, recently the Apex Court in (2011) 8 SCC 249 Rameshwari Devi vs. Nirmala Devi has held that Sub Rule 2 of Order 14 Rule 2 refers to the discretion given to the court where the court may try an issue relating to the 2 jurisdiction of the court or bar of the suit created by any law for the time being in force as a preliminary issue. It further relates to disposal of the suit treating these points as preliminary issue and also relates to deferring the settlement of other issue but there is no such case. The point raised by the petitioner here in this writ application does not relate to the bar created by any law nor the jurisdiction of the court to entertain the suit. It entirely depends upon the evidence and the finding that may be recorded only after the parties adduce evidence in the case. In view of the above facts and circumstances, it appears to me that the learned court below has rightly rejected the application. However, the same if so pressed by the defendant petitioner may be decided finally at the time of hearing of the suit itself on the basis of evidence that my be adduced in this case. In view of the above facts and circumstances of the case, I find no merit in this writ application and accordingly, it is dismissed. S.S. (Mungeshwar Sahoo,J.)