Code of Civil Procedure, 1908–Order 7, Rule 11 r/w. Order 14 & Sec.
151–Rajasthan Court Fees and Suit Valuation Act, 1961–Application with prayer of rejection of plaint because of undervalued and alternatively prayer for framing the preliminary issue as regard to valuation of suit–Rejection of–Appreciation –Suit for possession–From the perusal of plaint, in no manner, it can be inferred that the value of suit property as disclosed in the plaint is not adequate–Held, application under Order 7, Rule 11 was rightly dismissed–Further held, subject matter of suit property is a mixed question of law and facts and can be decided only after the evidence of parties–Held, trial Court
rightly declined to frame the issue of Court fees as preliminary issue.
