Bela M. Trivedi, J. - (1.) THE present revision petition has been filed by the petitioner -defendant under Section 115 of CPC, challenging the order dated 18/12/2013 passed by the Additional Civil Judge (Senior Division), Behror, District Alwar (hereinafter referred to as 'the Trial Court') in Civil Suit No. 160 of 2009, whereby the Trial Court has dismissed the application of the petitioner seeking rejection of the plaint under Order VII, Rule 11 of CPC.
(2.) IT has been sought to be submitted by the learned counsel Mr. Gaurav Gupta for the petitioner that the respondents -defendants had not properly valued their suit, and therefore the plaint was liable to be rejected. He also submitted that though the issue No. 5 has been framed with regard to the jurisdiction of the Court, the Trial Court, while dismissing the application of the petitioner, has given findings on issue No. 5 against the petitioner. Having regard to the submissions made by the learned counsel for the petitioner, and to the impugned order passed by the Trial Court, it appears that the application under Order VII, Rule 11 of CPC was filed by the petitioner, when the evidence of the plaintiff was already concluded. It further appears that there was no order passed by the Trial Court, directing the respondents -plaintiffs to correct the valuation of the suit, which is a condition precedent for rejecting the plaint under Order VII, Rule 11(b) of CPC. The Court, therefore, does not find any illegality in the impugned order passed by the Trial Court rejecting the application under Order VII, Rule 11 of CPC. However, since the issue No. 5 has already been framed by the Trial Court as regards the jurisdiction of the Court, the observations made by the Trial Court in the impugned order with regard to the same, appear to be unwarranted. Hence, it is observed that the Trial Court shall decide the issue No. 5 along with the other issues, after appreciating the evidence on record, and in accordance with law, without being influenced by the observations made by it in the impugned order.
(3.) WITH the aforesaid observation, the present revision petition is dismissed.;