- (1.) In this Civil Revision, Petitioners were defendants in the Trial Court, have challenged the order dated 16.01.13 passed by Civil Judge Junior division Ajmer District , Ajmer. In Civil Suit No. 46/2007 titled as Shri pet v. M/s Sun Pet pack JBP Pvt. Ltd. wherein application under Order 7 Rule 11 C.P.C. filed by the defendants/Petitioners was dismissed by that court.
(2.) During cause of the arguments, Petitioners have relied upon following rulings- 1. S.N. Champawat v. State of Rajasthan & Ors., 2013 1 DNJ 305 - In this case it was held that a court cannot try a suit which does not come within its financial jurisdiction. 2. Firangi Lal Ramjidas v. Jhanwar Lal, 2010 1 DNJ 64 - In this case it was held that if the valuation of the court fee and financial jurisdiction of the Trial Court is challenged by the defendant then the Trial Court should frame a preliminary issue on that point and then that preliminary issue should be decided as a first step.
(3.) Respondent has relied upon the following rulings- 1. M/s Kamal Engineering Works v. Ashwani Kumar and Ors., 1990 1 WLC(RAJ) 534- In this case it was held that decision of the court regarding payment of court fee, being interlocutory is not revisable. 2. Sunder Lal v. Sugan Chand & Ors.,1997 3 WLC(Raj) 146- In this case it was held that the correct amount of the court fee, some times, can be ascertained only after decree. 3. Iqramuddin & Ors. v. Nizamuddin, 1990 RLR 2- In this case it was held that provisions of Sec.11(2) of Raj. Court Fees and Suits Valuation Act are directory in nature and not mandatory. It was further held in this case that the issue regarding valuation of suit property and court fee payable, need not the decided as preliminary issue because payment of the court fee is a fiscal matter and does not affect the jurisdiction of the court.;