Sanjeev Prakash Sharma, J. - (1.) The defendants-petitioners have filed the present writ petition challenging the order dated 19/07/2016 passed by the learned trial court whereby the application moved by them under Section 11 of the Rajasthan Court Fees and Suits Valuation Act, 1961 (hereinafter referred as 'the Act of 1961') has been rejected.
(2.) Learned counsel for the defendants-petitioners submits that the defendants-petitioners had moved an application under Order 7 Rule 11 CPC raising the issue relating to pecuniary jurisdiction of the concerned court as well as with regard to improper valuation of the suit. However, the same was dismissed by the learned trial court against which they filed SB Civil Writ Petition No.158/2011 before this Court wherein this Court on 27/10/2015 passed following order:- "After hearing the learned counsels for the parties, it appears that petitioners-defendants had moved the application before the trial court under Order VII Rule 11 without there being any application filed by the petitioners seeking correction of valuation of relief claimed in the suit or supply of requisite stamp paper. At this juncture, the learned counsel Mr. S.N. Kumawat for the petitioners seeks permission to withdraw the present revision petition with liberty to file necessary application under Section 11 of the Rajasthan Court Fees & Suit Valuation Act. The learned counsel for the respondents objects against granting any liberty to the petitioners. It is needless to say that in absence of any application seeking correction of the valuation of the relief claimed in the suit or supply of requisite stamp paper, and in absence of any direction by the Court to the respondent-plaintiff in this regard, the cause of action to file application under Clause (b) or (c) of Order VII, Rule 11 would not arise. Hence, without expressing any opinion on the merits of the impugned order, the permission to withdraw the present petition as sought for is granted with the clarification that such application if filed by the petitioners-defendants shall be decided on merits by the trial court without being influenced by the impugned order passed by it. Accordingly, the petition is dismissed as withdrawn with liberty as prayed for. By this order, the stay application and other pending application if any, also stand dismissed. "
(3.) Learned counsel for the defendants-petitioners submits that in view of the observations as above, the defendants-petitioners had moved an application under Section 11 of the Act of 1961 and the learned trial court has failed to decide the same in terms of Section 11(2) of the Act of 1961 and has dismissed the application at the threshold.;