1. - The present revision petition has been filed by the petitioner-defendant under Section 115 of CPC challenging the order dated 22.10.13 passed by the District Judge, Tonk (hereinafter referred to as 'the trial court') in Civil Suit No. 111/11, dismissing the application filed by the petitioner under Order 7, Rule 11 (b) of CPC.

2. It is submitted by the learned counsel Mr. Shashank Agrawal for the petitioner that the respondent-plaintiff has filed the suit seeking cancellation of the gift deed and for injunction, however the valuation of the suit has not been properly made. According to him the respondent is liable to pay the court fees as per the provisions contained in Section 38 of the Rajasthan Court Fees & Suits Valuation Act, 1961, and that the valuation of the suit should have been done as per the value of the property for which the document was executed, however the respondent has neither valued the suit as per the valuation of the property nor has paid the requisite court fees. According to him the trial court has not appreciated the contention raised by the petitioner and has wrongly dismissed the application. Mr. Shashank Agrawal has relied upon the decision