ORDER :- The first defendant in Civil Suit No. 62/69 on the file of the Civil Judge, Senior Division, at Panjim, has filed this petition under Section 115 of the Civil Procedure Code. The first respondent herein had filed the suit against the revision petitioner and the second respondent herein for declaration and permanent injunction. In that suit after the issues were framed and the suit came up for trial for the first time on 16-12-70 the petitioner herein filed petition in the lower Court stating that as per the averments in the plaint as regards the valuation of the reliefs the lower Court had no jurisdiction to entertain the suit and that the plaint was fit to be returned for presentation to proper Court. The learned Judge of the trial Court passed the following order on that petition on 16-12-70 :-

"Since an issue has been framed by the Court as regards the proper valuation of this suit and the matter of jurisdiction raised by the applicant is connected with such valuation the point of jurisdiction will be considered at the time the said issue, which is preliminary is decided."

The petitioner contends that this order of the lower Court is against the provisions of Section 15 o

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