( 1 ) THIS is an appeal under Section 10 of the Delhi High Court Act against the decision of learned Single Judge dated 24th September, 1985.

( 2 ) BEFORE the learned Single Judge, the appellant (defendant) had claimed two reliefs in his application, I. A. No. 5279185 The first relief was that Issue No. I, as to whether the suit of tiie plaintiff is properly valued for the purpose of court fee and jurisdiction, if not, to what effect, be treated as a preliminary issue; and, secondly, that the plaint be rejected as the plaintiff has delibrately and intentionally under-valued the relief for purpose of court fee and jurisdiction

( 3 ) IN the plaint the suit is valued for the purposes of jurisdiction at Rs 25,00,0001- and for purposes of court fee at Rs. 500. 00.

( 4 ) BEFORE the learned Single Judge, the counsel for the defendant referred to various paragraphs of the plaint with a view to show that the plaintiffs have arbitrarily valued the suit for purposes of court fee and he relied upon a decision of the Supreme Court in then case of A. . KA. . CT. V. CT. Meenakshisundrar Vs. A. KA. CT. V. CT. Venkatachalam Chettiar AIR 1979 SC 989 (1) wherein the provisions of Sectio