Judgment Dwarka Prasad, J.-The submission of the learned Counsel for the petitioner is that the objection about under-valuation of the suit could have been raised by means of an application and the learned trial Court was not justified in directing the defendant to take the objection about undervaluation of the suit in the written-statement. Learned Counsel relied upon the decision of Jagat Narain, J., as he then was, in Moti Lal vs. Jagdish Prasad Sharma, 1969 RLW 184 in support of his submission.

2. Section 11, of the Rajasthan Court-fees and Suits Valuation Act, which is relevant for the present purpose,

runs as under:-

“11. Decision as to proper fee.--(1) In every suit instituted in any Court, the Court shall, before ordering the

plaint and on the materials and allegations contained in plaint and on the materials contained in the statement,

if any, filed under section 10, the proper fee payable thereon, the decision being however subject to review,

further review and correction in the manner specified in the succeeding subsections.

(2) Any defendant may plead that the subject-matter of the suit has not been properly valued or that the fee

paid is not sufficient. All questions arisin

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