MANOJ BHIKAMCHAND KUCHERIA Vs. SONU SATU PATIL

JUDGEMENT

(1.) IN Writ Petition No.5775 of 2012, the challenge is to the order dated 11 -3 -2010 passed below Exhibit 18 by the Trial Court rejecting an application under Order VII, Rule 11(b) of the Civil Procedure Code, raising an objection as to the valuation of the suit and the pecuniary jurisdiction of the Court to entertain, try and decide the suit. The Trial Court has held that the claim in the suit has been valued for the purpose of court fee and jurisdiction under Section 6(v)(a) of the Bombay Court Fees Act, 1959, which is legal, correct and proper.

(2.) THE prayer clause in Civil Revision Application No.482 of 2012 indicates that the challenge is to the same order dated 11 -3 -2010 passed by the Trial Court on the application under Order VII, Rule 11(b) of the Civil Procedure Code, filed in Regular Civil Suit No.42 of 2008. However, the order annexed is one passed under Section 9 -A of the Civil Procedure Code, raising a preliminary objection to the pecuniary jurisdiction of the Court to entertain, try and decide the suit. The application has been rejected, holding that the valuation of the suit under Section 6(v)(a) of the Bombay Court Fees act, 1959 is correct and proper.

(3.) UNDISPUTEDLY , the parties in both these cases are the same and the orders challenged are also passed in the same suit, i.e. Regular Civil Suit No.42 of 2008.