1. - This revision petition is directed against the order dated 12.08.2013 passed by the trial court, whereby, the application filed by the petitioners under Order 7, Rule 11 CPC has been rejected.

2. The application was filed after a written statement to the plaint was filed and issues were framed, principally on the ground, inter alia, that the Court did not have pecuniary jurisdiction and that despite a registered Will in favour of the defendants, the same has not been questioned.

3. The trial court rejected the application on the ground that whether the Court has pecuniary jurisdiction or not and whether the properties have been under valued is a mixed question of law and fact, which can only be decided after the parties have led evidence and as issue No.5, in this regard, has already been framed by the trial court.

4. It appears that though several issues were raised in the application, the petitioner only pressed issue relating to pecuniary jurisdiction while arguing the application under Order 7, Rule 11 CPC, which is apparent from the order passed by the trial court. Admittedly, based on the averments contained in the written statement, the trial court had framed issu