[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL REVISION PETITION ON 29/2007 SMT. PHOOLI DEVI Vs. HANUAN SINGH & ORS. DATE: 10.01.2008 HON'BLE MR. JUSTICE H.R. PANWAR Mr. Hemant Kumar Sharma for Mr. Paresh Choudhary for the petitioners. Mr. D.S. Shekhawat for respondent No.1. **** This civil revision petition under Section 115 of the Code of Civil Procedure, 1908 (for short 'CPC') is directed against the order dated 22.01.2007 passed by the Civil Judge (Jr. Division) and Judicial Magistrate, Shri Madhopur, District Sikar (for short 'the trial Court' herein after), whereby the application filed by the defendant-petitioner under Order 7 Rule 11 CPC was dismissed. I have heard counsel for the parties and carefully gone through the order impugned. The defendant-petitioner filed an application before the trial Court seeking dismissal of the suit under Order 7 Rule 11 CPC on the ground that the suit has been under valued. The trial Court while dismissing the application, held that this question can only be [2] determined after affording opportunity to the parties to lead evidence as to what the subject matter of the suit property is actually having market value on the relevant date of filing the suit. In my view, the trial Court was justified in dismissing the application. The determination of market value of the suit property can be made by the evidence only and it is purely the question of fact. In the circumstances, therefore, I do not find any error, illegality or perversity in the order impugned warranting interference in the revisional jurisdiction. Consequently, the revision petition is dismissed with no order as to costs. (H.R. PANWAR),J. /KKC/