AINTHI DALABEHERA Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) Aggrieved by an order dated 5 -1 -1989 passed by the Subordinate Judge, Bhubaneswar, in Title Suit No. 190 of 1985 directing the issue as to whether the suit had been undervalued to be taken up and decided as a preliminary issue, the plaintiffs have invoked the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure.

(2.) IN respect of 5.21 acres of land the plaintiffs sought declaration of their title and for a declaration that the entry of the names of the defendants in the Record -of -Rights was erroneous and for permanent injunction. They valued the articles for 2 lacs for the purpose of Court -fee and jurisdiction. The defendants challenged the valuation put by the plaintiffs alleging that the suit had been grossly undervalued. Originally six issues were framed and parties went to trial. After closure of the plaintiffs evidence, an application was filed on behalf of the defendants stating that an issue as to the undervaluation of the plant be struck having regard to the plea taken in the written statement and the same be taken up as a preliminary issue. On the said application, issue No. 7 was framed as hereunder: '7. Is the suit undervalued?'

(3.) THE learned Advocate -General, on the other hand, has contended that the plaint was liable to be rejected under Order 7, Rule 11 of the Code of Civil Procedure if the relief claimed was undervalued and the plaintiffs on being required by the Court to correct the valuation within the time fixed by the Court, failed to do so. Hence, a question of valuation of the relief can and should be disposed of as a preliminary issue. He has urged that the two decisions of this Court relied up on by the counsel for the petitioners have not taken into consideration the scope and impact of the provisions contained in Order 7, Rule 11 since the question did not arise in those cases for consideration.