- (1.) WITH the consent of the parties, the matter was heard finally at the admission stage.
(2.) THIS writ petition has been filed by the petitioner-plaintiff feeling aggrieved by the order dated 02.04.2010 passed by the Additional Civil Judge (Senior Devision), Rajsamand, whereby, it decided issue No.5 relating to valuation of the suit against the petitioner and came to the conclusion that the suit has been improperly valued and permanent injunction is being sought for a specific amount of Rs.13,39,207.00, regarding which, the Court had no jurisdiction, therefore, it ordered the petitioner to value the suit properly and file the plaint before the Court of District Judge, Rajsamand and directed the parties to remain present before the said Court and order dated 19.05.2010 passed by the District Judge, Rajsamand, whereby, the appeal filed by the petitioner against the order dated 02.04.2010 was dismissed by the appellate court. The brief facts of the case are that the petitioner-plaintiff filed a suit for permanent injunction inter alia seeking injunction against the respondents from interfering with its work in pursuance of work order dated 16.01.2007 and from deducting the amount of penalty in terms of letter dated 21.06.2008 from the said contract and not to award the said work to any other person, agency or institution.
(3.) THE plaintiff made various averments in the plaint regarding the contract entered into between the plaintiff and the respondent State and made several allegations regarding the working of the contract and made averments relating to passing of the order dated 21.05.2008 imposing 10% penalty against it.;