JUDGMENT :

Krishna Rao, J.

1. The defendants have filed the present application being G.A. No. 2 of 2023 under Order 7, Rule 10 of the Code of Civil Procedure, 1908 for return of plaint on the pretext that the suit has not properly valued.

2. The plaintiff has filed the suit against the defendants for their eviction, recovery of possession and mesne profit.

3. Mr. Budhadeb Ghosal, Learned Advocate representing the defendants submits that the plaintiff has valued the mesne profit at the rate of Rs.3000/-per month upon his subjective view which is not correct.

4. Mr. Ghosal submits that suit has been arbitrarily valued in violation of the Court Fees Act, Suit Valuation Act for which necessary enquiry is to be made as provided under Section 7(IV)E and Sections 10 and 11 of the Court Fees Act for ascertaining the actual valuation of the suit.

5. Mr. Ghosal submits that mesne profits is a matter, consequential to the original relief which is an unascertained sum subject to the adjudication under Order 20 Rule 12 of the Code of Civil Procedure, 1908 and the same is not to be assessed as per Subjective Valuation suggested by the plaintiff.

6. Mr. Ghosal in support of his submissions relied upon