(1.) By filing this petition under Article 227 of the Constitution of India the petitioner has called in question the order passed by the 9th Civil Judge Class-II, Gwalior in Civil Suit No. 16A/2013 dated 02.09.2013. By this Order, the application of petitioner / defendant preferred under Order 15 Rule 3 C.P.C is rejected.
(2.) Brief facts necessary for adjudication of this matter are as under:-
(3.) Criticizing this order Shri Sanjay Kumar Sharma, Advocate for the petitioner, submits that question of proper valuation has a nexus with pecuniary jurisdiction of Court. The Court, therefore, must decide this issue has preliminary issue. He relied on certain judgments.