1 D.B.Special Appeal(Writ) No.1441/2008 Prem Chand V/s Munnakhan Mansuri and anr. 5.9.2008 Hon'ble the Chief Justice Mr.Narayan Roy Hon'ble Mr.Justice Mohammad Rafiq Mr.D.K.Srivastava for the appellant. Heard learned counsel for the appellant. This appeal is directed against the judgment dated 6.8.2008 passed by the learned Single Judge of this Court whereby the writ application of the appellant was dismissed. Appellant is defendant in the suit filed by the plaintiffs-respondents for perpetual injunction. The appellant-defendant filed an application in that suit under Order 7 Rule 11 CPC with the prayer that the suit be dismissed, as it has been under valued. That application was rejected by the trial court by order dated 7th July, 2008 and the said order was affirmed by the learned Single Judge of this Court. Learned counsel for the appellant has argued that according to the provisions of the Specific Relief Act, 1963 and Section 28 of the Rajasthan Court Fees & Suit Valuation Act 1961, the valuation of the suit should have been made as per market value of the property. However, the plaintiffs in order to circumvent those provisions, have not correctly valued the suit and since the suit was under valued, therefore, the same was liable to be dismissed in terms of Order 7 Rule 11 (b) CPC. Having heard learned counsel for the appellant and perused the order of the trial court and also order of learned Single Judge of this Court and the plaint, we find that the suit was simply an injunction suit and 2 there was no prayer for recovery of possession. In the facts and circumstances of the case, therefore, the trial court was justified in rejecting the application of the appellant-defendant filed under Order 7 Rule 11 CPC. The trial court at the same time has observed that it would be open to the appellant-defendant to take all these objections in the written statement as and when filed. In the light of the above, this appeal is without any merit and it is accordingly dismissed. (Mohammad Rafiq)J. (Narayan Roy)C.J. Parmar