Oral Judgment:

1. By way of present petition, the petitioner seeks an exception to the order dated 7th August 2009, passed by the learned Civil Judge (Junior Division), Kannad, below Exhibit 91 in Regular Civil Suit No. 150/2006, thereby rejecting the application filed by the petitioners (original defendants)for directing enquiry into the valuation of the suit property under Section 8 and 9 of the Bombay Court Fees Act, 1959 (For short, hereinafter referred to as "the said Act"), and for rejection of plaint under Order VII Rule 11(b) of the Code of Civil Procedure, 1908, on the ground that the suit was not accompanied by requisite court fees.

2. The plaintiff has filed a suit for possession on the basis of title. The suit is resisted by the present petitioners. After the issues were framed, an application came to be filed by the present petitioners, contending therein that the suit ought to be valued under Section 6(iv)(d) of the said Act and the court fees on the basis of market value of the land, in question, ought to have been paid by the petitioners along with the plaint. It was, therefore, prayed for directing an enquiry and also for rejection of plaint. The applicat