(1.) THESE revision petitions raise a common point and therefore they were heard together and are being decided together.
(2.) IN all these cases the trial Court has refused to allow applications moved by the defendant for the rejection of the plaint u/o. 7 R. 11 of the Code of Civil Procedure (for short the Code hereinafter) and Sec. 11 of the Rajasthan Court Fees & Suits Valuation Act, 1952. According to the trial Court, the written statements were not yet filed and the question of valuation cannot be decided in absence of a plea in the written statement and an issue framed thereon. The trial Court therefore, directed written statement tobe filed before the point could be decided.
(3.) IN the present cases the Court refused to consider the application u/o. 7 R. 11 of the Code observing that an issue relating to valuation of the subject-matter of the suit cannot be decided without framing an issue based on pleadings of the parties. There appears to be no foundation for such a sweeping observation. On the contrary when the written statement is filed and an issue as to the pecuniary or territorial jurisdiction has been raised, the Court will be precluded from deciding such an issue as a preliminary issue if the issue is merely an issue of law.